[R.O. 2011 §§74.010, 74.060, 74.080; Ord. No. 1829 §1(74.010, 74.060, 74.080), 5-15-1995; Ord. No. 1830 §1(74.010), 6-19-1995]
A.
Any article
not naturally affixed to the premises whereon it exists or any condition
allowed to exist within the City limits of Savannah, Missouri which
is offensive to the senses or interferes with the free use of property
or the maintenance of public health, safety and welfare is declared
to be a nuisance. This shall include, but not be limited to, the following:
1.
Noxious or offensive odors. Any article or condition causing
a noxious or offensive odor which shall include, but not be limited
to, carcasses or hides of animals, polluted or stagnant water, distilling
or brewing facilities, rendering facilities, meat processing facilities,
excrement, stables, barns, stockyards, decaying or decomposing organisms,
and may include burning substances.
2.
Rubbish, pools of water. Rubbish, filth, water pools and
ponds located on any property.
3.
Articles or conditions fostering disease or breeding of insects. Any article or condition that exists and which harbors or fosters
the spread of disease or the breeding of insects or vermin.
4.
Detriment to health. Any condition located within the City
limits or within the police jurisdiction of the City that is determined
by the City Administrator to be a nuisance detrimental to health.
5.
Unsanitary buildings. Every building, structure or part
thereof which is an unsanitary condition because of the basement or
cellar being wet or because of the floor of such basement or cellar
being covered with stagnant water or because of the presence of sewer
gas or because of any portion of the building being unfit for human
habitation or which because of any other unsanitary condition endangers
the public health.
6.
Buildings constructed or maintained in an unsanitary condition. Every building or structure constructed or maintained in an unsanitary
condition or which in any manner endangers the health of any person.
7.
Business, trade or profession detrimental to health. Any
business, trade or profession carried on or engaged in by any person
in the City or its environs that the City Administrator deems detrimental
to public health.
8.
Weeds and rank growths of vegetation. All non-agricultural,
non-decorative, uncultivated weeds or grass attaining a height of
twelve (12) inches or more or other rank growths of vegetation that
may be injurious to health by releasing particulate matter into the
atmosphere or other means; that is considered noxious by the State;
that obstructs vehicular or foot traffic; that infringes upon the
enjoyment or use of adjacent properties; or that may be conducive
to fires or combustion.
9.
Animal carcasses. The carcass of any animal or fowl.
10.
Deposits of manure. The throwing or depositing of any manure
or cleanings on any public or private property, street, alley, vacant
lot, ravine, park or parkway or other premises or into any body of
water within the City limits; provided however, that this Section
shall not apply to the proper use of manure as a fertilizer when spread
on gardens, lawns or other cultivated lots or tracts.
11.
Deposits of garbage. The depositing or throwing into any
sewer, sewer inlet or plumbing system any garbage, rubbish, refuse,
or waste matter of any kind; provided however, that this Section shall
not apply to liquid garbage disposal through sink disposal units.
[R.O. 2011 §74.020; Ord. No. 1829 §1(74.020), 5-15-1995; Ord. No. 1830 §1(74.020), 6-19-1995]
A.
No person,
owner or occupant in control or in possession of any premises within
the City limits shall cause or allow any nuisance to exist as defined
by the laws of this State or by this Code.
B.
Any person violating any of the provisions of this Chapter, upon conviction, shall be punished in accordance with Section 100.220 of the Savannah City Code.
C.
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 Savannah or within one-half (½) mile of the corporate limits
of the City of Savannah, 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.
D.
It shall
be unlawful for any person to fail, refuse, or neglect to obey or
comply with a final order of removal or discontinuance of a business,
trade or occupation carried on or engaged in by any person in the
City or its environs that is deemed by the City Administrator to be
detrimental to the public health within such time as the City Administrator
shall require.
[R.O. 2011 §74.030; Ord. No. 1829 §1(74.030), 5-15-1995]
It shall be the duty of each owner, agent, occupant or person
in possession, charge or control of any lot, tract or parcel of land,
together with one-half (½) of the streets or alleys abutting
thereon, to maintain the premises in such a manner as not to allow
the accumulation of trash, debris, household furniture and appliances
or other articles which detract from the appearance of the neighborhood
in which it exists and which causes annoyance to the public or a threat
to the health, safety and welfare of the public. This Section applies
specifically, but is not limited, to landowners, landlords or their
agents where such accumulation of trash, debris, household furniture
and appliances or other articles is the result of a court order relating
to a tenant in default for rent to such landowner.
[R.O. 2011 §74.100; Ord. No. 1829 §1(74.100), 5-15-1995]
A.
Whenever
a nuisance exists as provided in this Article, the procedure for abatement
shall be as follows:
1.
The Code Enforcement Officer or other designated official shall notify the person causing, maintaining or permitting a nuisance to abate or remove such nuisance within the time specified in such notice. Such notice shall be required in order to abate the nuisance under provisions of Subsection (6) of this Section, but such notice shall not be required as a prerequisite for a violation of Section 215.020. If the nuisance is on private property, proof that a person occupies the property or that a person has possession or the right to possession of the property shall constitute prima facie evidence for purposes of this Chapter that such person has caused, maintained, or permitted the nuisance; and such person shall be responsible for its abatement. The Code Enforcement Officer or other designated official or his/her agent may enter upon private property for the purpose of abating any nuisance in accordance with this Section. If any person refuses to allow entry onto his/her private property, the City Official may obtain a warrant from the proper official and proceed in accordance therewith.
2.
Such
notification initially shall be made by depositing in the United States
mail, postage prepaid, the notice addressed to the owner of the person
occupying or having possession or the right to possession of the property
and/or by delivery of the notice to the owner or the person occupying
or having possession of the property, and if not made, then by one
(1) or more of the following methods:
a.
If
such property is not occupied, the Code Enforcement Officer or other
designated official or his/her agent shall notify the owners by posting
a notice of his/her request to abate or remove such nuisance, within
a time to be specified in such notice, upon such property and shall
send a copy of such notice by certified mail to the last known address
of the owner; or
b.
If
such property is not occupied and the owner is unknown or cannot be
located, then the Code Enforcement Officer or other designated official
shall post a notice containing an order to abate the nuisance on the
property where such nuisance exists; or
c.
If neither of the above methods of service of notice can be successfully completed, by publication one (1) time in a newspaper of general circulation in the City of Savannah, a notice which shall include a description of the nuisance to be abated, the location of the nuisance, and the alternatives set forth in Subsection (4) of the Section.
3.
A person notified as provided in this Section shall not fail, neglect or refuse to comply with the notice within the time specified in such notice. For every day from the time specified in the notice that such person shall fail, neglect, or refuse to comply with the same, and for every day thereafter that such person shall fail, neglect or refuse to abate or remove such nuisance, he/she may be charged with a separate offense under Section 215.020. If the property has been posted with a notice to abate the nuisance, failure to give notice as set forth in this Section shall not in any way invalidate a lien against the land for charges to abate the nuisance.
4.
Any person notified under Subsection (1) of this Section shall exercise one (1) of the following alternatives within ten (10) days from the time notice was provided:
a.
Abate
the nuisance at the expense of the person so notified;
b.
Furnish
the City Administrator with written consent for the City to abate
the nuisance with the costs of such abatement to be assessed to the
person consenting; or
c.
Request
a reconsideration hearing before a committee consisting of the City
Administrator, the Mayor, and the Chief of Police, or their designated
representatives, to protest the allegation that a nuisance exists
by filing a written request with the City Administrator. The City
Administrator shall notify the person requesting a hearing of the
date, time and place of the hearing. At the hearing, which shall be
public, the committee shall decide whether a nuisance does exist.
5.
When a reconsideration hearing is requested as provided by Subsection (4)(c) of this Section and the committee finds that a nuisance exists, an appeal may be taken from that decision by filing for the appropriate relief under State law in the Circuit Court of Andrew County.
6.
If the person notified fails to exercise one (1) of the alternatives provided in Subsection (4) of this Section or has not secured a reversal of the finding of a nuisance and has exhausted his/her appeals, then the City Administrator shall confirm the finding that a nuisance exists and proceed with the abatement of the nuisance in any reasonable manner and assess the costs against the property.
7.
After a determination that a nuisance exists pursuant to Section 215.010, items having any apparent monetary value, beyond salvage value, removed before the nuisance abatement shall be transported to a storage area or lot at the expense of the owner or person in custody thereof. It shall then be stored for a period of at least thirty (30) days and the person entitled to possession thereof may redeem the property by payment to the City of the actual cost of its removal and a reasonable storage fee. If any item is unredeemed after the expiration of the thirty (30) day period, the City Administrator or his/her agent may sell it to the highest bidder, or, if it has no sale valve, may otherwise dispose of it. Any money received from the disposal of any items shall be applied to the expenses charged to the owner or person in charge thereof.
8.
Prior
to the sale of any such property obtained in a nuisance abatement,
the City Administrator or his/her agent shall cause to be posted in
City Hall, at the place of storage and in at least one (1) other public
place in the City a notice of sale stating:
a.
The
City is selling abandoned property;
b.
The
color, make, year, motor number and serial number, if available, and
any other information necessary for an accurate identification of
the property;
c.
The
terms of the sale; and
d.
The
date, time and place of the sale.
|
|
This notice shall be published at least one (1) time seven (7)
days prior to the sale in a newspaper of general circulation in the
City.
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[R.O. 2011 §74.110; Ord. No. 1829 §1(74.110), 5-15-1995]
Whenever an appeal is taken under Section 215.040(5), the City
Administrator shall give notice to all interested parties, including
the owner and occupant of the property, of the date, time and place
of a public hearing to be held to determine whether a nuisance does
exist. All persons notified shall be given an opportunity to present
evidence and make arguments to the Committee and be represented by
an attorney. If the Committee determines that nuisance does exist,
the City Administrator shall issue to the Director of Public Works
an order to abate the nuisance in any reasonable manner and assess
the costs against the property. The order shall contain written findings
of fact and a copy of the order shall be given to all interested parties.
However, the City Administrator shall have the power to summarily
abate in any reasonable manner any nuisance which constitutes an immediate
danger to the health and welfare of the inhabitants of the City.
[R.O. 2011 §74.120; Ord. No. 1829 §1(74.120), 5-15-1995]
When the City expends any funds in the abatement of any nuisance,
the City Administrator shall notify the person against whose property
the costs were incurred by certified mail of the cost of the abatement.
The City Administrator shall certify the cost incurred in abating
the nuisance to the City Collector, together with a description of
the property. The person notified shall have thirty (30) days from
the mailing of this notice within which to pay the cost of the abatement
to the City Collector. If the person so notified fails to pay the
cost of the abatement within thirty (30) days, the City Collector
shall cause the 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 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 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. 2011 §74.130; Ord. No. 1829 §1(74.130), 5-15-1995]
If the City receives any revenue as a result of the abatement
of any nuisance, that revenue shall be deposited in and credited as
a revenue to the appropriate department's fund account directly involved
in advancing any costs for the abatement of a nuisance or in the enforcement
of the City's nuisance ordinances. If any revenue received by the
City in the abatement of a nuisance cannot first be credited to such
department's fund account involved in advancing the cost for the abatement
of the nuisance, then the revenue received shall be deposited in and
credited to the General Fund.
[R.O. 2011 §65.010; 65.010(1)(2)(3)(4) added 7-6-1999]
A.
It shall
be 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, or for any owner, lessee or occupant, or any agent, servant,
representative or employee of any such owner, lessee or occupant having
control of any unoccupied lot or land or any part thereof in the City,
which is surrounded on three (3) or more sides by occupied land, to
permit or maintain on any such lot or land, or on or along the sidewalk,
street or alley adjacent to the same between the property line and
the curb, any growth of weeds, grass, and poisonous or harmful vegetation
to a greater height than twelve (12) inches on the average, or any
accumulation of dead weeds, grass or brush, and it shall also be unlawful
for any person or persons to cause, suffer or allow poison ivy, ragweed
or other poisonous plant, or plants detrimental to health to grow
on any such lot or land in such manner that any part of such ivy,
ragweed or other poisonous or harmful weed shall extend upon, overhang
or border any public place or allow seed, pollen or other poisonous
particles or emanations therefrom to be carried through the air into
any public place, and the growth of such weeds, grass and poisonous
or harmful vegetation of a height of more than twelve (12) inches
be and hereby is declared to be a nuisance.
1.
Undeveloped
property (defined) — currently unoccupied property that occupies
more that one (1) acre that has not been developed. This includes
pasture that is not used for agricultural purposes.
2.
Property
owners of such undeveloped property shall mow the property at least
two (2) times a year, once on or before June first (1st) and another
time on or before August first (1st) so as not to allow excessive
weed growth over twenty-four (24) inches high.
3.
In addition,
property adjacent to an existing street right-of-way shall be kept
mowed by the owner below a height of twelve (12) inches at all times
for a distance of twenty (20) feet from the adjacent street edge.
4.
The
City Administrator may issue an extension waiver should inclement
weather or adverse or unnavigable landscape prevent such area from
being properly mowed.
[R.O. 2011 §65.020]
It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of Section 215.080.
[R.O. 2011 §65.030]
If the provisions of this Chapter are not complied with, the
City Administrator, or other official designated by the Mayor, shall
hold a hearing after ten (10) days' notice thereof given to the owner
of the lot or his/her agent, the occupant if any, and the lessee if
any. Following the hearing, the City Administrator or other designated
official may declare the weeds to be a nuisance and order the same
to be abated within five (5) days. In the event that the weeds are
not cut down and removed within five (5) days, the City Administrator
or other designated official shall have the weeds cut down and removed
and shall certify the cost of the same to the City Clerk/Treasurer.
The City Clerk/Treasurer and/or Finance Officer shall cause the 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 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 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. Recoupment of costs shall be handled as set out in Section 215.060 of Article I of this Chapter.
[R.O. 2011 §65.040]
A.
Each person who shall neglect to cut and remove weeds, grass or other vegetation as directed in this Chapter, or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided, or who shall resist or obstruct the City Administrator or other representative of the City in the cutting and removal of weeds, grass and other vegetation shall, upon conviction thereof, be guilty of an ordinance violation. The preparation of a tax bill, as authorized by Section 215.105 shall not relieve any person of liability under this Section.
