[R.O. 2006 §215.010; CC 1978 §74.010]
It shall be unlawful for any person to carry on or permit to
be carried on or maintained any of the acts or things or conditions
declared to be nuisances within the boundaries of the City of Warrenton,
Missouri, and within one-half (½) mile of the boundaries thereof.
[R.O. 2006 §215.020; CC 1978 §74.020]
Offensive annoyances which are discomforting or detrimental
to the health or public welfare of individuals or the public shall
constitute nuisances.
[R.O. 2006 §215.030; CC 1978 §74.030; Ord. No. 1655 §I, 11-7-2006; Ord.
No. 2218 §I, 4-7-2015; Ord. No. 2684, 6-21-2022]
A.
The
following are hereby declared to be nuisances:
1.
Any stable, stall, shed or compartment, or any yard or appurtenance
thereof, in which any horse, cattle, cows, swine, dogs, rabbits, or
any other animal, chickens or any other fowl shall be kept, or any
place in which manure or liquid discharges of such animals shall collect
or accumulate, and which stable, stall, shed or compartment or any
yard or appurtenance thereof, is not kept in a clean or wholesome
condition, so that no offensive smell shall be allowed to escape therefrom.
Nothing in this Article shall be so construed as to include manure
deposits upon any private property for the purpose of cultivating
the same.
2.
The accumulation upon any premises, lot or parcel of ground, or the
discharge thereof upon any public street, alley, sidewalk or other
public place, or upon any private property, of urine, liquid waste
from stables, swill, water from privy vaults, wastewater, filthy wash
water, or any foul or nauseous liquid waste of any kind whatsoever.
3.
The accumulation or existence upon any premises, lot or parcel of
ground of any putrid or unsound meat, pork, fish, hides, decayed vegetables
or food, manure, filthy ash heaps, garbage offal, rubbish, dirt or
filth of any kind which, by its decay or putrefaction, could or would
become offensive to human beings or detrimental to health, or which,
by its existence might harbor rats or other rodents.
4.
The throwing or depositing, or causing to be deposited, in any street,
alley or other public place or on any private property of any garbage,
refuse, filth, debris, offal, the carcass of any animal or part thereof,
any filthy water or manure or other offensive matter, or causing or
permitting such or any offensive matter to collect or remain in any
place to the prejudice or annoyance of others.
5.
The standing of vehicles which are laden with any foul or nauseous
thing, liquid or substance, or any refuse, filth, offal or other trash
or rubbish, anywhere in the City for a period of time longer than
reasonably necessary for loading and unloading.
6.
Any unclean, stinking, foul, odorous or filthy drain, ditch, tank
or gutter, or any leaking, broken slop, garbage or manure boxes, or
receptacles of like character.
7.
The throwing or depositing, or causing to be deposited, into any
sewer inlet or fixture which has a sewer connection, any article whatever
that may cause the sewer to choke up or otherwise interfere therewith.
8.
Any water leakage, seepage or moisture in any cellar, basement or
part thereof, of any house or building occasioned by leakage from
defective hydrants, water pipes, sewer pipes, cisterns, wells, gutters,
drains, rain spouts or seepage from the surrounding earth.
9.
Any pond or pool of unwholesome, impure, stagnant or offensive water
found upon any lot or piece of ground.
10.
Any open, uncovered or unprotected well or cistern on any premises,
or any well or cistern containing water which an analysis discloses
to be impure or unwholesome in nature.
11.
Carcasses of animals not buried, destroyed or removed within six
(6) hours after death.
12.
Any water accumulating and remaining, continuing or stagnating upon,
in or about any lot, tract, or piece of ground, or any barrels, buckets,
kegs, tubs, cans or vessels of any kind whatsoever caused or permitted
to be thrown, placed, or remain upon any lot, property or grounds
in the City that might, could or would catch, hold, contain or retain
water in which mosquitoes or insects, bugs, worms or living creatures
might be bred, hatched, raised or allowed to remain or accumulate.
13.
Any growth of weeds, grass, poisonous or harmful vegetation,
and/or underbrush, on any lot or tract, or any part of any lot or
parcel of ground to a height of over twelve (12) inches unless it
is an allowed agricultural use in the Agricultural Reserve ("AG")
Zoning District.
14.
Every privy, privy vault, cesspool or water closet, or any other
receptacle whatever, of human excrement, which is in an overflowing,
leaking, full, insecure or defective condition, or kept in such condition
as to emit any offensive, noxious or disagreeable odor.
15.
The erection, continuance or use of any building, room or other place
in the City for the exercise of any trade, employment or manufacture,
which by occasioning noxious exhalations, offensive odors discomforting,
offensive or detrimental to the health of individuals or of the public.
16.
Ashes, cinders, slops, filth, excrement, sawdust, stones, rock, dirt,
straw, soot, sticks, shavings, oyster shells, cans, dust, paper, trash,
rubbish, manure, refuse, offal, wastewater, chamber lye, fish, putrid
meat, entrails, decayed fruit or vegetables, broken ware, rags, old
china, old iron or other metal, old wearing apparel, all animal and
vegetable matter, all dead animals, or any other offensive or disagreeable
substance or thing which is thrown, left or deposited, or caused to
be left, thrown, or deposited, by any person, or in or upon any street,
avenue, alley, sidewalk, parking, or other public way, or in or upon
the public square, or any public enclosure, or any lot (vacant or
occupied) or any pool or pond of water.
17.
Depositing or draining sewage and wastewater from dwelling houses
or other buildings upon any lot or tract or public street or alley.
18.
Allowing or permitting sewage or wastewater from any cesspool, septic
tank or the laterals or sewage lines therefrom to rise, seep or pass
to the surface of the land adjacent thereto.
19.
For properties located in "R-1," "R-2," or "R-3" zoning districts,
more than one (1) occurrence within a 30-day period of vehicles parking
on any surface other than pavement or gravel, excluding instances
when the vehicle is temporarily being used to load or off-load materials.
[R.O. 2006 §205.230; CC 1978 §73.630]
No person shall keep any dog or cat which, by frequent howling,
barking, baying or yelping, shall disturb the peace of the neighborhood.
Nor shall any dog of vicious nature or disposition be allowed to attack
or bite any person or animal or cause annoyance to the neighborhood
or persons using the public streets or sidewalks, or chase, worry
or molest livestock, other dogs or children, or cause any damage or
injury. Any dog exhibiting any such tendency or tendencies shall be
confined on chains, tethers or leashes of such length that the dog
cannot get off the premises of the owner, or such dog shall be securely
confined upon the premises within a pen or other enclosure. Notice
of the presence of such dog shall be clearly posted upon the premises
where it shall be confined.
[R.O. 2006 §215.040; CC 1978 §74.040]
It shall be the duty of the owner or occupant of the premises
or his/her agent, or the person causing or maintaining any nuisance
thereon, to abate the same after a written order of the Chief of Police
in accordance with the terms prescribed in such order.
[R.O. 2006 §215.050; CC 1978 §74.050; Ord. No. 1656 §I, 11-7-2006]
The City Police or Ordinance Enforcement Officer shall hereby
be authorized to enter and inspect all buildings and parts of buildings
and other premises for the purpose of examining the sanitary condition
thereof and for the discovery and abatement of nuisances therein.
[R.O. 2006 §215.060; CC 1978 §74.060; Ord. No. 1656 §II, 11-7-2006; Ord.
No. 2012 §I, 10-4-2011]
Whenever it becomes necessary to abate a nuisance immediately
in order to secure the general health of the City, or any of its inhabitants,
the City is authorized to abate such nuisance without notice, and
he/she may use any suitable means or assistance for that purpose,
whether employees of the City or day laborers especially employed
for that purpose, or any other help or assistance necessary thereof.
The Ordinance Enforcement Officer shall certify the cost of abating
such nuisance to the City Clerk, and the City shall levy the cost
thereof as a special tax bill against the property on which such nuisance
was located, if within the City limits, which tax shall be collected
like other special tax bills and shall be a first (1st) lien on the
property until paid.
[R.O. 2006 §215.070; CC 1978 §74.070; Ord. No. 1657 §I, 11-7-2006]
A.
Notice. In case the abatement of any nuisance is not immediately necessary for the protection of the health of the inhabitants of the City, the City shall hold a public hearing before declaring the same to be a nuisance and ordering its abatement. Ten (10) 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. In the event that the whereabouts of the owner or occupant of the premises where such alleged nuisance exists, is not known, notice shall be posted upon such premises for at least ten (10) days before 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 City 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 in such order, the City shall abate the same, and the costs thereof may be levied as a special tax in the manner prescribed in Section 215.060.
B.
Penalty. Any person notified as provided in Subsection (A) hereof who shall fail, neglect or refuse to comply with the same within such time shall be deemed guilty of a misdemeanor; and for every day thereafter 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 shall be deemed guilty of a separate offense.
C.
Persistent Offender. Any person who is convicted or pleads
guilty to any provision of this Section that, within one (1) year
from their plea of guilty to the charge, violates the provision of
this Section a second (2nd) or subsequent time, shall be considered
a "persistent offender". A persistent offender who commits a second
(2nd) violation of this Section within one (1) year from the date
of a conviction or plea of guilty shall be punished by a minimum fine
of one hundred twenty-five dollars ($125.00) up to a maximum fine
of five hundred dollars ($500.00) or by imprisonment in the County
Jail not exceeding three (3) months, or by both such fine and imprisonment.
A persistent offender who commits a third (3rd) or subsequent violation
of this Section within one (1) year from the date of a conviction
or plea of guilty to a first (1st) violation under this Section shall
be punished by a minimum of two hundred fifty dollars ($250.00) up
to a maximum fine of five hundred dollars ($500.00) or by imprisonment
in the County Jail not exceeding three (3) months, or by such fine
and imprisonment. For every day thereafter 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 shall be deemed guilty of a separate
offense.
[R.O. 2006 §215.080; CC 1978 §74.080]
If any nuisance abated by the Chief of Police as provided in
this Article extended before the abatement over the property of more
than one owner, the cost of abating the same shall be assessed in
proportion to the amount of work and expense for each proportionate
part of the entire work and the area, and the special tax bills provided
for in this Article shall be levied and collected accordingly.
[R.O. 2006 §215.090; CC 1978 §74.090]
Any person or contractor employed or contracted with 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 or any
officer, agent or employee of the City, or with any representative
of the Chief of Police, for the purpose of sanitary inspection or
the discovery or abatement of any nuisance.
[R.O. 2006 §215.100; CC 1978 §74.100]
The owner of any premises, or his/her agent in charge thereof,
as well as the tenant or occupants of such premises, are hereby charged
with the duty of observing all of the requirements and provisions
of this Article with reference to nuisances, and any or all of such
persons, together with the person causing or contributing to cause
or bring about any nuisance, may be charged with the violation thereof
and shall be equally liable.
[R.O. 2006 §215.110; CC 1978 §74.110]
Whenever the City incurs any costs and expenses in removing
or abating any nuisance on any property, public or private, within
the City limits or within one-half (½) mile thereof, the person
so creating, maintaining or refusing to abate such nuisance, if caused
by him, shall reimburse the City for such costs and expenses and such
costs and expenses shall be assessed as a part of the judgment.
[R.O. 2006 §215.120; CC 1978 §74.120]
Nothing in this Article 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.
[1]
Editor's Note — Ord. no. 1921 §I, adopted July 20, 2010, repealed sections 215.130 — 215.160 of art. II "weeds" and enacted new provisions set out herein. Former sections 215.130 — 215.160 derived from R.O. 2006 §§215.140 — 215.170; CC 1978 §§65.010 — 65.040; ord. no. 470 §1, 7-3-84; ord. no. 1532 §I, 7-19-05; ord. no. 1658 §I, 11-7-06.
[Ord. No. 1921 §I, 7-20-2010; Ord. No. 2218 §II, 4-7-2015]
It shall be unlawful for any owner, lessee, occupant or any
agent, representative or employee of any such owner, lessee or occupant
having control of any lot, tract or parcel of land of any property
in the City, except where allowed in the Agricultural Reserve ("AG")
Zoning District, to permit or maintain on any such lot, tract or parcel
of land, any growth of weeds to a greater height than twelve (12)
inches on the average or any accumulation of dead weeds, grass, brush
or debris. On any parcel of land located in the Agricultural Reserve
("AG") Zoning District, no growth of weeds to a greater height than
twelve (12) inches on the average or any accumulation of dead weeds,
grass, brush or debris shall be permitted or maintained outside of
the allowed agricultural use area of the property. The term "weeds"
as used hereinafter in this Article, shall include all grasses, annual
plants and vegetation, other than trees or shrubs; provided, however,
that this term shall not include cultivated flowers and gardens.
[Ord. No. 1921 §I, 7-20-2010]
It shall be unlawful for any owner, lessee, occupant or any
agent, representative or employee of any such owner, lessee or occupant
having control of any lot, tract or parcel of land of any property
in the City to permit the accumulation of trash on any such lot, tract
or parcel of land. The term "trash", as used herein
in this Article, shall include dry waste materials, garbage, refuse,
debris and rubbish.
[Ord. No. 1921 §I, 7-20-2010]
A.
It shall be the duty of any owner, lessee, occupant or any agent, representative or employee of any such owner, lessee or occupant having control of any lot, tract or parcel of land of any property to cut and remove or cause to be cut or removed all such weeds, grass, vegetation and underbrush as often as may be necessary to comply with the provisions of Section 215.130.
B.
It shall be the duty of any owner, lessee, occupant or any agent, representative or employee of any such owner, lessee or occupant having control of any lot, tract or parcel of land of any property to remove or cause to be removed all such trash as often as may be necessary to comply with the provisions of Section 215.140.
[Ord. No. 1921 §I, 7-20-2010]
Whenever a violation of Section 215.130 or Section 215.140 exists, the Chief of Police's designee shall hold a public hearing before declaring the same to be a nuisance and ordering its abatement. The Ordinance Enforcement Officer shall give ten (10) days' prior written notice by personal service or by United States mail to the owner or the owner's agent or by posting such notice on the premises, 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 matter at issue. If, upon such hearing, the Chief of Police's designee finds that nuisance exists, it shall order the owner, occupant or agent of such property to abate the same within five (5) days.
[Ord. No. 1921 §I, 7-20-2010]
If the owner of such property fails to remove the nuisance within
five (5) days, the Ordinance Enforcement Official shall cause the
condition which constitutes the nuisance to be removed. If the Ordinance
Enforcement Official causes such condition to be removed or abated,
the cost of such removal shall be certified to the City Clerk who
shall cause a special tax bill therefor against the property to be
prepared and collected. 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. Such tax bills
if not paid when due shall bear interest at the rate of eight percent
(8%) per annum.
[Ord. No. 1921 §I, 7-20-2010]
A.
Each person who shall neglect to cut and remove weeds, grass or other vegetation as directed in this Article or who shall fail, neglect or refuse to remove trash as directed in this Article or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided or who shall resist or obstruct the Ordinance Enforcement Official or other agent or representative of the City in the cutting and removal of weeds, grass and other vegetation or remove trash shall, upon conviction thereof, be guilty of a misdemeanor. The preparation of a tax bill as authorized by Section 215.170 shall not relieve any person of liability under this Section.
1.
Each person convicted of a violation of this Article shall be penalized
by a fine not exceeding five hundred dollars ($500.00) or by imprisonment
in the City or County Jail not exceeding ninety (90) days, or by both
such fine and imprisonment.
