[CC 1997 §§18-2(b)(d)(f — j), 18-4, 18-7
— 18-8, 18-10 — 18-11; Ord. No. 281 §§21-2(b)(d), 21-4, 21-7 — 21-8, 21-10 — 21-11, 3-9-1970; Ord. No. 661 §1(18-2(6)), 3-8-2004]
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.
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 or the Code of Ordinances of the City
of Oakland.
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 Oakland and the Statutes
of the State of Missouri.
15.
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.
16.
Hides. All green or salted hides left or deposited
in any open place.
17.
Tree limbs. All limbs or parts of trees projecting
over any sidewalks at an elevation of less than eight (8) feet above
such sidewalk.
18.
Decayed Or Dangerous Articles To Be Destroyed. Whenever
any household goods, bedding, clothing, putrid or unsound meat, pork,
fish, vegetables, fruit, hides or skins of any kind or any other article
are found within the City which, in the opinion of the Health Officer
is dangerous to the health of the inhabitants thereof, the Mayor shall
have the power and authority to cause the same to be destroyed in
such manner as he/she may direct and he/she may employ such persons
as he/she sees fit for that purpose.
19.
Matters Causing Injury. All articles or things whatsoever
caused, kept, maintained or permitted by any person to the injury,
inconvenience or annoyance of the public.
20.
Acts Causing Injury. All pursuits followed or engaged
in or acts done by any person to the injury, annoyance or inconvenience
of the public.
21.
Certain Businesses Near Residences. No business
or enterprise, the conduct of which causes or produces any noises,
vibrations, smoke, dirt, dust, odors or gases to such extent as to
be detrimental or injurious to the comfort, peace or health of other
persons, shall be located and conducted within one hundred fifty (150)
feet of any building used exclusively for residence purposes at the
time of the location of such business or enterprise; nor shall any
building be erected or constructed for the purpose of conducting any
business or enterprise therein at a place where the conduct of such
business or enterprise shall be unlawful under the terms of this Section.
No permit shall be issued for the erection of any building intended
to be used for the purpose of conducting any business or enterprise
to be located at a place where the conduct of such business or enterprise
shall be unlawful under the terms of this Section.
22.
Unreasonable Use Of Property — Indecent Conduct, Etc. Any unreasonable or unlawful use by a person of real or personal
property or improper, indecent or unlawful conduct which works an
obstruction of or injury to the right of another person or of the
public and produces material annoyance, inconvenience, discomfort
or hurt to other persons or the public whether or not particularly
specified herein.
23.
Auto Salvage Yards. All junk yards, auto or motor
vehicle wrecking or salvage yards not located in accordance with zoning
regulations.
24.
Excessive Outdoor Lighting. All outside lights,
yard lights and other exterior lighting devices or fixtures which
glare or project light in excess of an illumination level of three-tenths
(0.3) horizontal foot-candles onto adjacent residential property (measured
at the adjacent lot line) or any arrangement, use or operation of
any exterior lighting device or fixture which causes disruptive or
unsafe illumination to surrounding property or to the owners thereof,
except those lighting devices owned and operated by the City of Oakland
or any utility company maintaining permanent street lights.
25.
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
Oakland.
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 Oakland or within one-half (½) mile of the corporate limits
of the City of Oakland, 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 Chief of Police
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 Chief
of Police 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 Administrator shall cause the certified cost
to be included in a special tax bill or added to the annual real estate
tax bill, at his/her option, for the property and the certified cost
shall be collected by the Collector of Revenue for St. Louis County,
or other official collecting taxes, in the same manner and procedure
for collecting real estate taxes and 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. Each special tax bill shall be issued by the City Administrator
and delivered to the Collector of Revenue for St. Louis County on
or before the first (1st) 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.
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 repairing of sidewalks or 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.
E.
Failure To Comply With Notice To Abate. Any person notified as provided in Subsection (D) 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 and shall be proceeded against as in the first instance.
[CC 1997 §18-12; Ord. No. 281 §21-12, 3-9-1970]
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.
