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.
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 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.
11.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae.
12.
The keeping of animals and fowls in any area within the City not
zoned for agricultural uses except pet cats and dogs, pot bellied
pigs, animals in public or licensed zoos, and farm animals in laboratories.
13.
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.
14.
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
Lake Waukomis.
B.
Unlawful To Cause, Maintain Within City Or One-Half 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 Lake Waukomis or within one-half (½) mile of the corporate
limits of the City of Lake Waukomis, 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 City
shall have authority to immediately abate the nuisance in an appropriate
manner.
D.
Abatement — Procedure Generally. Whenever the Board
of Aldermen 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 Health Officer or Marshal 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 Aldermen may determine
that a nuisance exists, it may direct the Health Officer or Marshal
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 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.
[Ord. No. 568, 10-13-2021]
A.
The
following is declared to be a public nuisance:
1.
The exterior of any building(s), structures, or walls, as defined in Chapter 400 of this Code, to or on which any construction or modification has occurred, and the time allotted by any building permit issued by the City for such construction or modification has elapsed.
2.
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 Lake Waukomis to cause, permit or maintain a nuisance as described
herein on any such lot or land.
3.
Each day that a nuisance shall be maintained is a separate offense.
[Ord. No. 524, 9-12-2018]
The assessment of the costs of abating a nuisance, including but not limited to a dangerous building or a nuisance as described in this Chapter or anywhere else in this Code of Ordinances, or the bringing of any suit for the costs of abating any such nuisance, pursuant to Section 215.010(D) or any other Section of the Code of Ordinances, shall in no way excuse or render immune from prosecution or fine any person found guilty of violating any of the provisions of this Chapter, or vice versa.
