The following are declared to be nuisances affecting health:
All decayed or unwholesome food offered for sale to the public or offered to the public at no charge.
All diseased animals running at large.
All ponds or pools of stagnant water.
Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.
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.
Garbage cans which are not flytight, that is, garbage cans which do not prevent the entry of flies, insects and rodents.
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.
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.
Common drinking cups, roller towels, combs, brushes or eating utensils in public or semipublic places where not properly sanitized after use.
Any vehicle used for septic tank cleaning which does not meet the requirements of this Chapter of the Code of Ordinances of the Village of Indian Point.
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.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.
The keeping of animals and fowls in any area within the Village not zoned for agricultural uses except pet cats and dogs, animals in public or licensed zoos, and farm animals in laboratories.
Unlicensed dumps and licensed dumps not operated or maintained in compliance with the ordinances of the Village of Indian Point and the Statutes of the State of Missouri.
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 interfering with the proper operation of the system or which will pollute the natural creeks or waterways.
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 Village of Indian Point.
Unlawful To Cause, Maintain Within Village 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 Village of Indian Point or within one-half (1/2) mile of the corporate limits of the Village of Indian Point, 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 as a separate offense.
Abatement Of Nuisance — Abatement Officer. Whenever the Abatement Officer for the Village shall ascertain or have knowledge that a nuisance exists on any premises in the Village, 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.
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:
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.
Mailing a copy to such person at such place or address by United States certified mail return receipt.
If service of such written notice is unable to be perfected by any of the methods described above, the Abatement Officer shall direct the Village Clerk to cause a copy of the aforesaid notice to be published in a newspaper of general circulation in the County where the Village 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.
Summary Abatement. Whenever it becomes necessary to abate a nuisance immediately in order to secure the general health, welfare or safety of the Village or any of its inhabitants, the Village is authorized to abate such nuisance without notice and may use any suitable means or assistance for that purpose, whether by employees of the Village or laborers especially employed for that purpose, or any other help or assistance necessary therefor.
Municipal Court May Order Abatement — Cost Of Abatement By The Village, How Paid. 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 Village 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 Village 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.
Right Of Entry. Any person or contractor employed by or under contract with the Village 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 Village or with any representative of the Village engaged in the abatement of any nuisance pursuant to an order of the Municipal Judge or any summary abatement as described above.
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 Village, he/she may instead of entering a finding remand the matter to the Board of Trustees and the Village 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 Trustees 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 Village Board of Trustees in such order, the matter may again be presented for prosecution before the Municipal Court for determination.
Court Suit Authorized. Nothing in this Section shall be construed as abandoning or limiting the Village's right to bring suit for all expenses attending the abatement of a nuisance, when performed by the Village, in any court of competent jurisdiction in the name of the Village against the person maintaining, keeping, creating or refusing to abate the nuisance so abated.
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, overgrown vegetation and noxious weeds which are seven (7) inches or more in height, 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.
When a public nuisance as described above exists, the Code Enforcement Official shall so declare and give written notice to the owner of the property by personal service, certified mail, if otherwise unsuccessful, by publication. Such notice shall, at a minimum:
Declare that a public nuisance exists;
Describe the condition which constitute such nuisance;
Order the removal or abatement of such condition within seven (7) days from the date of service of such notice;
Inform the owner that he or she may file a written request for a hearing before the Code Enforcement Official on the question of whether a nuisance exists upon such property; and
State that if the owner fails to begin removing the nuisance within time allowed, or upon failure to pursue the removal of such nuisance without unnecessary delay, the Code Enforcement Official 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.
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 Code Enforcement Official shall cause the condition which constitutes the nuisance to be removed. If the Code Enforcement Official causes such condition to be removed or abated, the cost of such removal shall be certified to the Village 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 Village 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.