Cross References — As to dangerous buildings as a nuisance, ch. 505; as to prostitution houses deemed a nuisance, §210.465.
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, pools, man-made and other artificial objects or materials
that hold and/or retain stagnant water.
[Ord. No. 695, 3-28-2013]
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 Seymour.
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 Seymour and the Statutes
of the State of Missouri.
15.
No person shall discharge or cause to be discharged into a storm
water 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.
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
Seymour.
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 Seymour or within one-half (½) mile of the corporate limits
of the City of Seymour, 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.
Abatement Generally.
1.
Abatement of nuisance — Abatement Officer. Whenever the Abatement Officer for the City shall ascertain or have
knowledge that a nuisance exists on any premises in the City, he/she
shall, by written notice, notify the persons occupying or having possession
of said premises to abate or remove such nuisance within the time
to be specified in such notice, not less than fifteen (15) days. Failure
to abate such nuisance within the time specified within the notice
or failure to pursue the removal or abatement of such nuisance without
unnecessary delay shall be deemed an ordinance violation.
2.
Notice. The Abatement Officer shall determine all
individuals, firms or corporations who, from the records in the Recorder
of Deeds office, appear to be the titled owners of the aforesaid property
and immediately cause a written notice to be served on each such individual,
firm or corporation by one (1) of the following methods:
a.
The delivery of a true copy of the notice to the person(s) intended
to be notified, or the leaving of a copy at his/her usual place of
abode with some member of his/her family over the age of fifteen (15)
years.
b.
Mailing a copy to such person at such place or address by United
States certified mail return receipt.
c.
If service of such written notice is unable to be perfected by any
of the methods described above, the Abatement Officer shall direct
the City Clerk to cause a copy of the aforesaid notice to be published
in a newspaper of general circulation in the County where the City
is located once a week for two (2) consecutive weeks and shall further
cause a copy of the aforesaid notice to be left with the individual,
if any, in possession of such property on which it is alleged such
public nuisance exists, or if there is no individual in possession
thereof, the Abatement Officer shall cause a copy of the notice to
be posted at such structure, location or premises. The Abatement Officer
may also determine from the Recorder of Deeds' office who the lienholder
of the property, if any, as documented therein, is and cause a written
notice to be served on such lienholder by United States mail return
receipt.
3.
Summary abatement. Whenever it becomes necessary
to abate a nuisance immediately in order to secure the general health,
welfare or safety 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 laborers especially employed for that purpose, or any
other help or assistance necessary therefor.
4.
Abatement, cost of abatement, request for hearing with
Municipal Court.
[Ord. No. 695, 3-28-2013]
a.
The property owner, occupant, and/or inhabitant may request,
in writing, a trial/hearing disputing the existence and/or determination
of the nuisance, as identified in the notice. Such written request
will be submitted to the Abatement Officer, and a hearing/trial will
be scheduled on the next available, regularly scheduled municipal
court date. If a citation is issued with the Abatement Officer's
notice of nuisance, the owner, occupant, and/or inhabitant may request
a trial with the Municipal Court when he/she/it appears as required
by the citation. If, upon a trial for the failure to abate such nuisance
within the time specified within the notice or failure to pursue the
removal or abatement of such nuisance without unnecessary delay, the
judge of the Municipal Court shall find that a violation exists and
that the defendant has had proper notice as provided in this Section
and that the defendant has failed to abate the nuisance, the judge
of the Municipal Court shall, in addition to the penalty for violating
this Section, make an order directing the Abatement Officer to abate
such nuisance forthwith and immediately report the expenses thereof
to the City Clerk or officer in charge of finance 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.
b.
If the owner of such property does not request a hearing/trial
with the Municipal Court, and fails to abate the nuisance within the
time allowed, or upon failure to pursue the abatement of such nuisance
without unnecessary delay, the Abatement Officer shall cause the condition
which constitutes the nuisance to abate such nuisance forthwith and
immediately report the cost of such abatement shall be certified to
the City Clerk 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.
5.
Right of entry. 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 engaged in the abatement of any nuisance pursuant to an
order of the Municipal Judge or any summary abatement as described
above.
6.
Remand and hearing. In case the Municipal Judge
shall determine that abatement of any alleged nuisance is not immediately
necessary for the protection of the health of the inhabitants of the
City, he/she may instead of entering a finding remand the matter to
the Board of Aldermen and the City shall hold a hearing before declaring
the same to be a nuisance and ordering its abatement. At least fifteen
(15) days' notice of such hearing shall be given to the owner or occupant
of the premises upon which such alleged nuisance exists or to his/her
agent or to the person causing or maintaining such alleged nuisance,
which notice shall state the time and place of such hearing. All interested
parties may appear at such hearing either in person or by attorney
and present evidence concerning the matters at issue. If, upon such
hearing, the Board of Aldermen finds that a nuisance exists, it shall
order the owner, occupant or agent of such property, or the person
causing or maintaining such nuisance, to abate the same and if the
same be not abated within the time prescribed by the City Board of
Aldermen in such order, the matter may again be presented for prosecution
before the Municipal Court for determination.
7.
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.
[Code 1999 §215.025; Ord. No. 367 §§1 — 3, 8-11-1983; Ord. No. 718 §§ 1 —
2, 12-10-2015; Ord. No.
748, 5-24-2018]
A.
The
keeping, maintaining or permitting an apiary or hive of any common
honeybee, apis mallifera, or other bees kept for the production of
honey or wax is hereby declared to be a common nuisance within the
limits of the City.
B.
It
shall be unlawful for any person or combination of persons to keep,
maintain, or permit one (1) or more hives of any common honeybee,
apis mallifera, or other bees for the production of honey or wax or
to maintain an apiary.
[Ord. No. 658 §1, 4-14-2011; Ord.
No. 701, 7-25-2013]
A.
Any lot or land shall be a public nuisance if it has the presence
of debris of any kind, including, but not limited to, weed cuttings,
cut and fallen trees and shrubs, 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 which may endanger public safety or any material which is
unhealthy or unsafe and declared to be a public nuisance.
B.
When a public nuisance as described above exists, the Building Inspector,
Code Enforcement Official, or other designated and authorized agent
for the City, shall so declare such a nuisance, and shall give a hearing
after five (5) days' notice thereof, either personally or by
United States mail, to the owner or owners or the owner's agents
or by posting such notice on the premises. Such notice shall, at a
minimum:
1.
Declare that a public nuisance exists;
2.
Describe the condition which constitutes such nuisance;
3.
Order the removal or abatement of such condition within five
(5) days from the date of service of such notice;
4.
State that if the owner fails to begin removing the nuisance
within the time allowed, or upon failure to pursue the removal of
such nuisance without unnecessary delay, the Building Inspector or
other Code Enforcement Official, or other authorized agent for the
City shall cause the condition which constitutes the nuisance to be
removed or abated and that the cost of such removal or abatement may
be included in a special tax bill or added to the annual real estate
tax bill for the property and collected in the same manner and procedure
for collecting real estate taxes.
C.
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 Building Inspector or
other Code Enforcement Official, or other authorized agent for the
City shall cause the condition which constitutes the nuisance to be
removed. If the Building Inspector or other Code Enforcement Official,
or other authorized agent for the City causes such condition to be
removed or abated, the cost of such removal shall be certified to
the City Clerk 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.
D.
Code Enforcement Official. The Mayor may designate
an agent or employee of the City to act as the Code Enforcement Official
for the City. Such designation shall continue until terminated by
the Mayor. If the Mayor has not designated an agent or employee of
the City as the Code Enforcement Official, then the City Police Chief
shall be authorized to initiate, enforce, and inspect as may be required
for enforcement of this Section.
E.
Ordinance Violation, Fine and Costs. Additionally,
after the City has provided notice of the nuisance, if the owner(s)
and/or occupiers of the lot or tract fail to abate the nuisance within
the proscribed time, such nuisance shall also constitute a violation
of this Section, and a citation for such ordinance can be issued for
the ordinance violation, carrying a maximum fine of up to five hundred
dollars ($500.00) for each violation, and court costs. A violation
occurs each time an owner/occupier fails to abate the nuisance.
[Ord. No. 701, 7-25-2013]
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 six (6) inches, it shall be deemed a public nuisance. The Building Inspector, Code Enforcement Official [as set forth above in Subsection (D)], or other designated City Official is also authorized to initiate, enforce, and/or inspect as may be required for enforcement of this Section.
B.
Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection (A).
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.
Notice. The Code Enforcement Official shall give
a hearing after five (5) days' notice thereof, either personally
or by United States mail, to the owner or owners or the owner's
agents or by posting such notice on the premises; thereupon, the Code
Enforcement Officer or other designated City Official may declare
the weeds, high grass or other vegetation to be a nuisance and order
the same to be abated within five (5) days. The Code Enforcement Official
or other City Official shall only be required to give notice of a
hearing one (1) time during each calendar year for each property.
Any property previously declared to be a nuisance due to weeds, high
grass or other vegetation during the same calendar year that notice
and right to hearing was provided to the owners or the owner's
agent shall, without notice and hearing, be declared a nuisance under
this Section and such nuisance shall be immediately abated by the
City and the costs for such nuisance abatement shall be assessed against
the property as set forth herein.
E.
Disposition. In case the weeds, high grass or other
vegetation are not cut down and removed within the five (5) days,
the Code Enforcement Official or other designated City Official shall
have the weeds, high grass or other vegetation cut down and removed
and shall certify the costs of same to the City Clerk.
F.
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 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 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. At the collecting
official's option, 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.
G.
Ordinance Violation, Fine And Costs. Additionally, after the City has provided notice of the nuisance, if the owner(s) and/or occupiers of the lot or tract fail to abate the nuisance within the proscribed time, such nuisance shall also constitute a violation of this Section, and a citation for such ordinance can be issued for the ordinance violation, carrying a maximum fine of up to five hundred dollars ($500.00) for each violation, and court costs. A violation of this Section is committed each time such weeds, high grass or other vegetation shall attain the height of six (6) inches, each year, after the City has sent/provided notice as set forth under Subsection (D) above.
H.
Exception For Temporary Agricultural Usage. In the
case of a tract of land in the City, which is at least five (5) acres,
a permit may be obtained from the City to allow for the growing of
grass beyond the height of six (6) inches for the purpose of producing
hay on that specified tract of land for a period of not more than
ninety (90) days. Such permit may be received multiple times in a
calendar year, but may not be issued for consecutive ninety-day periods.
