[CC 1974 §17-1; Ord. No. 1383 §2, 9-27-1989; Ord. No. 1806 §I, 10-24-2001]
No person shall cause, maintain or permit, on premises owned
or controlled by such person, a nuisance as defined by the laws of
the State of Missouri, this Chapter or any other ordinance of the
City of Richmond, Missouri.
[CC 1974 §17-3; Ord. No. 1383 §4, 9-27-1989; Ord. No. 1806 §I, 10-24-2001; Ord. No. 2081, 5-14-2008; Ord. No. 2234 §I, 2-14-2012]
The following are hereby declared to be a nuisance; provided
that such listing shall not be deemed to be exclusive:
Green or unsalted hides kept in an exposed or open place.
Stables, stalls, sheds, pens, or yards in which any type
of animal has been or is being kept, which allows the unreasonable
and unsanitary accumulation of animal waste.
Carcasses of animals remaining exposed for more than six
(6) hours after death.
Except as otherwise provided for in this Code and as allowed
in certain zoning districts, any derelict or unlicensed boat, boat
trailer, or other trailer, that is parked, kept, or stored on any
premises, shall be considered a nuisance pursuant to this Section.
Except, this Subsection shall not apply to boats and trailers that
are lawfully housed in an enclosed structure or otherwise shielded
from the public's view by a lawful privacy fence, or that are otherwise
covered with a properly fitting cover (in the case of a boat), so
that they are not visible to the public. For purposes of this Subsection,
any boat, boat trailer, or other trailer, that does not have lawfully
affixed thereto an unexpired license for more than seventy-two (72)
hours, shall be considered unlicensed and any boat, boat trailer,
or other trailer, that has been abandoned, wrecked, inoperable, junked,
or is incapable of propulsion (in the case of a boat) or is incapable
of being operated on streets and highways (in the case of trailers),
shall be considered derelict pursuant to this Subsection.
Except as otherwise provided for in this Code and as allowed
in certain zoning districts, any derelict or unlicensed motor vehicle
that is parked, kept, or stored on any premises shall be considered
a nuisance pursuant to this Section. Except, this Subsection shall
not apply to vehicles that are lawfully housed in an enclosed structure
or otherwise shielded from the public's view by a lawful privacy fence,
or that are otherwise covered with a properly fitting vehicle cover,
so that they are not visible to the public. For purposes of this Subsection,
any vehicle that does not have lawfully affixed thereto both an unexpired
license plate and a current motor vehicle safety inspection certificate
for more than seventy-two (72) hours shall be considered unlicensed
and any vehicle that has been abandoned, dismantled, junked, or inoperable
for more than seventy-two (72) hours shall be considered a derelict.
All diseased animals running at large.
The rendering, heating or steaming of any animal or vegetable
product or substance in such a manner as to cause disagreeable odors
off the premises.
Any accumulation of ashes, slops, filth, excrement, stones,
straw, soot, rubbish, trash, manure, offal, stagnant water, all sorts
of decaying animal matter, decaying fruit or vegetables or other vegetable
matter, broken kitchenware, broken furniture, wrecks or parts of worn-out
or derelict automobiles or other machines, scrap iron or other metals,
lumber not piled or stacked twelve (12) inches off the ground, rocks
or bricks, steel, tin, old bottles, broken glass, discarded wearing
apparel, dead animals or any other offensive or disagreeable substance
or things, old dilapidated barns, sheds or other buildings left, deposited
in such quantity or in such condition as to be offensive to sight
or smell or a menace to health, safety, peace or comfort or of such
a nature as to be or become harbors or breeding places for mosquitoes,
ants, flies, rats, mice or other insects, animals or vermin, whether
left or deposited upon private premises owned, occupied or controlled
by persons or corporations causing or permitting the same or upon
any public street, sidewalk, alley, parkway, public enclosure or vacant
lot. Garbage deposited otherwise than in suitable containers for removal
by the City in accordance with the City's Municipal Code shall be
deemed a nuisance.
Any inscription, mark, word, figure, painting or other defacement
that is written, marked, etched, scratched, sprayed, drawn, painted,
or engraved on or otherwise applied to any surface of any structure,
building, or place on any private or public property.
[Ord. No. 2504, 1-28-2020]
Poison ivy, poison oak, poison sumac, ragweed, or other plants
detrimental to health at any height or state of maturity.
Noxious or rank weeds, thickets, brush, dead or fallen trees,
limbs or shrubs, unkempt shrubbery, uncut high grass, weeds and other
vegetation, and/or various kinds of vegetation (which is not regularly
cultivated) not otherwise noted in this Section, that, regardless
of height, conceal or invite filthy deposits or which harbors rodents,
refuse or vermin, or other plants detrimental to health, at any state
of maturity; the growth of weeds, grass, or other poisonous or harmful
vegetation (which is not regularly cultivated), to a height of more
than eight (8) inches, on the average; and all vegetation (which is
not regularly cultivated) that may exhale unpleasant or noxious odors
or transmit pollen into the air at any state of maturity and that
exceeds eight (8) inches in height. 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.
[Ord. No. 2331 §I, 6-10-2014; Ord. No. 2386 §1, 6-28-2016]
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Whenever private property abuts a public right-of-way or easement
belonging to the City of Richmond or any public entity and there exists
in such right-of-way or easement a tree, lawn or grassy area between
the private property line and the curb line or edge of any adjacent
street, and the centerline of any adjacent alley, including, but not
limited to, sidewalks, streets, alleys, easements, right-of-way and
all other areas, public or private, then such tree, lawn or grassy
area shall be considered, for purposes of this Section requiring the
cutting of grass and weeds, to be a part of the private lot which
abuts the right-of-way or easement and it shall be the duty of those
responsible under this Section for the maintenance of the private
lot to equally maintain the tree, lawn or grassy area within the abutting
right-of-way or easement.
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Exceptions:
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1.
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Any grasses grown for hay or other cultivated crop. However,
any such parcel shall have mowed the area twenty (20) feet from the
curb or edge of any public roadway, and/or twenty (20) feet from the
property line adjacent to any property being used for residential
or commercial purposes
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2.
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Waterways protected by local, State and Federal regulations.
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3.
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Any property along a public right-of-way that contains a drainage
way that creates a defined channel or a bank or hillside having such
a width, depth, slope or topography which cannot be mowed or maintained
by a normal residential mower or weed removal tool.
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This Section does not exempt the mowing of weeds and grasses
that have been sprayed to kill such growth. They must first be mowed
to a height of less than eight (8) inches. The spraying or killing
of weeds and grasses shall not occur within any drainage way or slope
that may create erosion.
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Factories, slaughterhouses and all places of business causing
an offensive odor to a greater extent than is required for the necessary
carrying on of such business.[1]
[Ord. No. 2613, 3-14-2023]
All privies or privy vaults.
A limb that obstructs street lights, traffic signs or the
free (and lawful) passage of pedestrians or vehicles, or that poses
a threat to human safety, or limbs projecting over a sidewalk at a
height of less than eight (8) feet or over a street at a height of
less than twelve (12) feet.
Anything erected, placed, planted or allowed to grow in such
a manner as to materially impede vision between a height of two (2)
feet and eight (8) feet above the street grade at the back of the
curb, or paving if no curb exists, of the intersecting streets within
the triangular area formed by the curb or paving lines and line connecting
them at points twenty (20) feet from the point of intersection, or
any wall, terrace, fence, or hedge may be erected or maintained which
is determined to obstruct vision when entering a street or interferes
with the sight distance triangle.
Any house, building or tank used for the special or exclusive
storage of powder, dynamite, nitroglycerin, coal oil, or any other
explosive substances or flammable material, which may endanger public
safety or is detrimental to the public health, or whenever endangering
quantities of such explosives are kept, exposed or insecure, or kept
in any manner so as to endanger human life.[2]
Water, steam, condensation or liquid of any kind shall not
be deposited on any sidewalk, roadway, alley or adjacent property.
[Ord. No. 2613, 3-14-2023]
Any well or cistern whenever chemical analysis shows that
the water of said well or cistern is of an impure or unwholesome nature.
[1]
Editor's Note: The former definition of "pools, unsanitary,"
which immediately followed this definition, was repealed 3-14-2023
by Ord. No. 2613. See now "ponds and pools."
[2]
Editor's Note: The former definition of "unclean ponds and
pools," which immediately followed this definition, was repealed 3-14-2023
by Ord. No. 2613.
[Ord. No. 2234 §II, 2-14-2012]
A.Â
It
shall be a violation of this Chapter and declared a public nuisance
for any person:
1.Â
To allow or cause any nuisance to exist on property that he/she owns
or occupies; or
2.Â
To fail to begin removal or abatement of the nuisance in accordance
with abatement order, or to fail to pursue the removal or abatement
of such nuisance without unnecessary delay; or
3.Â
To allow or cause any nuisance to exist on any street.
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Each day that a violation of this Section continues shall be
deemed a separate offense.
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[CC 1974 §17-5; Ord. No. 1383 §6, 9-27-1989; Ord. No. 1806 §I, 10-24-2001; Ord. No. 1902 §§1 — 2, 1-28-2004; Ord. No. 2234 §III, 2-14-2012; Ord. No. 2398 §III, 9-13-2016]
A.Â
When a nuisance exists, the City Nuisance Inspector may declare a
public nuisance and give written notice to the owner of the property
and, if the property is not owner-occupied, also to any occupant of
the property and order such nuisance to be removed and/or abated.
B.Â
When notice cannot be given by either personal service or First Class
mail, then such notice may be posted on or about the premises described
in the notice. Such notice and removal order shall be deemed served
at the end of twenty-four (24) hours after the posting thereof, or
after three (3) business days in the case of mailing.
C.Â
If the owner is a corporation, notice and removal order may be served
upon an officer, a person in charge of any local business office,
or its registered agent or any other agent authorized by appointment
or required by law to receive service of process.
D.Â
Such notice and order shall, at a minimum:
1.Â
Declare that a public nuisance exists;
2.Â
Specifically describe each condition declared to be a public
nuisance;
3.Â
Identify what action will remedy the public nuisance;
4.Â
Order the removal or abatement of such condition within a reasonable
amount of time, not less than ten (10) days from the date of receipt
of such notice, unless a condition presents an immediate, specifically
identifiable risk to the public health or safety;
5.Â
Describe the location of the property where the nuisance exists
(using the street address rather than a legal description when reasonably
possible to do so);
6.Â
State that if the owner or occupant of the property fails to
begin removing or abating the nuisance within the time allowed or
to pursue the removal or abatement of such nuisance without unnecessary
delay, then the Nuisance Inspector may cause the condition that 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;
7.Â
State that if the owner or occupant of the property fails to begin removing or abating the nuisance within the time allowed, or upon failure to pursue the removal or abatement of such nuisance without unnecessary delay, such owner or occupant of the property may be cited in Municipal Court for violating this Chapter and shall, upon conviction in Municipal Court, be subject to punishment by a fine pursuant to Section 100.100(E)(2) of this Code.
[Ord. No. 2234 §IV, 2-14-2012Ord. No. 2398 §IV, 9-13-2016]
A.Â
If the owner, or if the property is not owner-occupied, the occupant
of such property fails to begin removal or abatement of the nuisance
in accordance with the removal order within the time allowed, or upon
failure to pursue the removal and abatement of such nuisance without
unnecessary delay, the Nuisance Inspector may cause the condition
that constitutes the nuisance to be removed or abated.
B.Â
If the Nuisance Inspector causes a nuisance to be removed or abated in accordance with this Chapter, and has sent notice and a removal order to the owner in accordance with Section 220.030, the cost of such removal or abatement (which may include reasonable fees for the City's costs in administering this Chapter, including attorney fees) and the proof of notice to the owner of the property shall be certified to the City Collector 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 the official collecting taxes in the same manner and procedure for collecting real estate 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 from the date the tax bill is delinquent until paid.
C.Â
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 from the date the tax bill is
delinquent until paid. In the event a lawsuit is required to enforce
the tax bill, the City may charge the property owner costs of collecting
the tax bill including attorney's fees.
D.Â
Nuisance abatement fees are as set forth in the City's Comprehensive
Fee Schedule, held on file in the City offices.
[Ord. No. 2569, 4-26-2022]
[CC 1974 §17-7; Ord. No. 1383 §8, 9-27-1989; Ord. No. 1806 §I, 10-24-2001]
The City Nuisance Inspector, City employees, or parties with
whom the City contracts for the purpose of abatement may enter the
premises upon which any nuisance is situated for the purpose of abating
same, with the consent of the owner, lessee or person in control of
such property, without being guilty of trespass.
[1]
Editor's Note — Ord. no. 2234 §V, adopted February
14, 2012, repealed section 220.050 "cost of abatement — special
assessment — etc." in its entirety. Former section 220.050,
derived from CC 1974 §17-8; ord. no. 1383 §9, 9-27-1989;
ord. no. 1688 §§1 — 2, 11-10-1999; ord. no. 1806 §I,
10-24-2001.
[1]
Editor's Note — Ord. no. 1806 §1, adopted October
24, 2001, repealed §220.060. Former section 220.060 derived from
CC 1974 §17-9 and ord. no. 1383 §10, 9-27-1989. At the editor's
discretion we have left this section reserved for the city's future
use.
[CC 1974 §17-10; Ord. No. 1383 §11, 9-27-1989; Ord. No. 1399 §2, 5-29-1990; Ord. No. 1421 §2, 3-27-1991; Ord. No. 1806 §I, 10-24-2001]
The City Building Inspector for the City, among his/her other
duties, shall hold the position of City Nuisance Inspector for the
City. The City Building Inspector, in his/her capacity as City Nuisance
Inspector, shall be responsible for the investigation of nuisances
in the corporate limits of the City and shall report all nuisance
violations to the City Attorney on such form or forms as designated
by the City Attorney for nuisance abatement procedures.
