City of Oak Grove, MO Generally

[Ord. No. 1431 §1, 3-1-2004; Ord. No. 1482 §1, 6-6-2005; Ord. No. 1703 §1, 2-22-2011; Ord. No. 1712 §§5 — 6, 7-5-2011]

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.

Any property with weeds, grass and other vegetation, brush or trash accumulated upon it in a way that provide a potential harborage place or breeding place for mosquitoes, flies, rodents, rats and other vermin.

Any housing, building, dwelling or other structure that in the judgment of the Building Officer, or has been declared by an official agency, to be unsuitable for habitation, especially when the housing constitutes a potential hazard to public health or safety due to its physical condition.

Privy vaults or garbage cans which are not fly-tight, that is, privy vaults or garbage cans which do not prevent the entry of flies, insects or 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.

10.

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.

11.

Common drinking cups, roller towels, combs, brushes or eating utensils in public or semi-public places where not properly sanitized after use.

12.

The parking of vehicles in grassy areas, unimproved areas which are not improved with a permanent, dust-free surface, or areas that are improved with a permanent, dust-free surface and the parking or open storage for a period of thirty (30) days or more of an inoperable vehicle (defined as a licensed or unlicensed vehicle that is incapable of operating if it meets one (1) or more of the following criteria: it has flat or missing tires or wheels, it is wrecked or junked; it is wholly or partially dismantled; it has vegetation or debris which has collected in or around or under the vehicle; and or it is used to store auto parts, household items, lawn equipment or other types of storage) or more than one (1) vehicle that has not been licensed.

This Subsection shall not apply to any vehicle in a completely enclosed, locked building or locked fence area and not visible from adjacent public or private property. Nor shall this Subsection apply to any vehicle upon the property of a business licensed as a salvage, swap, junk dealer, towing or storage facility so long as the business is operated in compliance with its business license and the property is in compliance with the Unified Development Code.

13.

Any derelict, junk, scrapped, disassembled, wrecked, damaged, demolished or disabled vehicle or portion thereof left or permitted to remain upon any property:

Which is accessible to children and which may be an attractive nuisance to children and constitutes a danger to children; or

Where weeds, grass and other vegetation is allowed to grow in or around the vehicle; or

Where the vehicle, portion or part thereof may afford a harborage place or breeding place for mosquitoes, flies, rodents, rats and other vermin; or

Where the vehicle or portion or part thereof may create a fire hazard.

14.

Any vehicle used for septic tank cleaning which does not meet the requirements of this Chapter of the Code of Ordinances of the City of Oak Grove.

15.

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 the 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.

16.

Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.

17.

The keeping of animals and fowls in any area within the City not zoned for agricultural uses except for allowable animals under Chapter 205: Animal Regulations.

[Ord. No. 2005, 7-6-2021]

18.

Unlicensed dumps and licensed dumps not operated or maintained in compliance with the ordinances of the City of Oak Grove and the Statutes of the State of Missouri.

19.

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.

20.

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 Oak Grove.

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 owner, lessee or occupant having control of any occupied lot or land or any part thereof in the City of Oak Grove or within one-half (½) mile of the corporate limits of the City of Oak Grove, Missouri, to cause, permit or maintain a nuisance on any lot or land. It shall be the duty of the owner, lessee or occupant to abate and remove any nuisance from the 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.

Authority To Abate Emergency Cases. When the Mayor or his designee determines that a nuisance is an imminent threat to the life, health, and/or safety of the public, the City shall not be required to comply with the requirements of this Section prior to abatement of such nuisance and such abatement may be ordered by the Mayor or his designee in an appropriate manner.

Abatement — Procedure — Generally. Whenever the Codes Enforcement Officer finds any nuisance, as defined and enumerated in this Chapter, may exist, he or she shall proceed as follows except as otherwise provided herein:

Notice and order. When a nuisance as described in this Section exists, the Code Enforcement Officer may declare a public nuisance exists and shall give written notice to the owner and may give notice to any agent, tenant, occupant, or other person in control of property, and order such nuisance be removed and/or abated.

All notices and orders given pursuant to this Section shall be given by one (1) of the following means:

(1)

Personal service;

(2)

Leaving them at the addressee's usual place of abode with an occupant who is over the age of fifteen (15) years; or

(3)

Mailing them via both regular first class mail and via certified mail, return receipt requested, postage prepaid, to addressee.

	When notice cannot be given by one (1) of the means outlined above, then such notice shall be posted on or about the premises described in the notice.
	There shall be a rebuttable presumption that any notice sent via regular mail pursuant to this Section is received within two (2) business days of its mailing. There shall also be a rebuttable presumption that any notice posted on the premises is received at the end of twenty-four (24) hours after the posting thereof.

Such notice and removal order shall, at a minimum:

(1)

Declare that a public nuisance exists;

(2)

Describe the condition that constitutes such nuisance;

(3)

Order the removal or abatement of such condition not less than ten (10) days from the date of receipt of such notice;

(4)

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);

(5)

State that if the owner or occupant fails to begin removing or abating the nuisance within the time allowed or pursue the removal or abatement of such nuisance without unnecessary delay, then the Code Enforcement Officer or his designee 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, and that such cost shall be a personal debt of the property owner.

(6)

State that if the owner or occupant of such property fails to begin removing or abating the nuisance within the time allowed, or upon failure to pursue the removal of such nuisance without unnecessary delay, such owner or occupant may be cited in Municipal Court for violating this Section.

(7)

In the case where a constitutionally protected property interest is involved, state that if the addressee wishes to contest the finding of a public nuisance and order of abatement, he/she must file a written request for appeal with the Code Enforcement Officer, which must be received within ten (10) days from the date the addressee received the notice and order.

Hearing.

If any owner, agent, tenant, occupant, or other person aggrieved by the Code Enforcement Officer's notice and order (who is entitled to an appeal pursuant to Subsection (1)) files a written request for an appeal of such notice and order within ten (10) days from the date the addressee received such notice and order, such request shall stay any administrative enforcement proceedings pursuant to this Section in respect to such notice and order, until such person's appeal is disposed.

Such request for appeal must state the applicant's name, mailing address, and a brief description of the applicant's basis for appeal. If the applicant is represented by an attorney, such fact shall also be noted.

The Code Enforcement Officer shall give the requesting party reasonable notice of the date, time, and location of such hearing. Any party may be represented by counsel and all parties shall have an opportunity for a full and adequate hearing. The proceeding shall be recorded and all persons giving testimony shall do so by oath or affirmation.

The City Administrator shall preside over such hearing, and make written findings of fact from the evidence offered at said hearing as to whether or not a public nuisance (as defined by this Section) exists on the property in question. If the evidence supports a finding based upon competent and substantial evidence that the conditions described in the notice and order constitute a public nuisance on the property in question, the City Administrator shall issue a Final Order of Abatement, which shall include the information required to be included in any initial notice and order. The Final Order of Abatement shall be delivered, by person or mail, to each party of the hearing, or their attorney of record.

In the event that the nuisance is not abated within ten (10) days of the issuance of written notice as provided in this Section, the City Attorney or other duly appointed or responsible official of the City of Oak Grove, Missouri, may proceed to abate the nuisance or have the nuisance abated, and the cost of the abatement shall be charged to and paid by the owner, lessee, or occupant. If the owner, occupant, or other person with lawful possession of the premises in question refuses to allow the City to enter on to such premises to abate the nuisance(s) in question, the City may request an administrative warrant pursuant to Section 130.135 of this Code, if such administrative warrant is required by law.

Appeals. Appeals from the Director's Final Order of Abatement shall be made pursuant to Sections 536.100 — 536.140, RSMo., and within the time period described therein.

Violation. Any person to whom a notice is issued who fails to comply with the terms thereof shall be deemed in violation of this Chapter and shall be subject to the penalty for a misdemeanor pursuant to Section 100.220 of this Code.

Abatement.

If the owner, agent, tenant, occupant, or other person in control of property fails to begin removal or abatement of the nuisance in accordance with the notice and order of abatement within the time allowed, or upon failure to pursue the removal and abatement of such nuisance without unnecessary delay, the City Administrator or his designee may cause the condition that constitutes the nuisance to be removed or abated. Any abatement that requires the City Administrator to enlist the service of a tow company shall be conducted in accordance with the procedures outlined in Sections 367.050 and 367.060 of this Code, and neither the City nor its employees/agents shall be liable for damages caused by such tow as provided by law.

If the City Administrator causes a nuisance to be removed or abated in accordance with this Section and has sent notice and a removal order to the owner in accordance herewith, he shall certify the cost of such removal and abatement (which may include reasonable fees for the City's costs in administering this Section) to the City 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 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 until paid.

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. 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.

Warrant. The Code Enforcement Officer or the City's authorized agent may enter upon private property for inspection or for the purpose of abating any nuisance in accordance with this Section. If the owner, occupant, or other person with lawful possession of the premises in question refuses to allow such officer or agent to enter onto such premises to abate the nuisance in question, the Code Enforcement Officer may request an administrative warrant pursuant to Section 130.135 of this Code, if such administrative warrant is required by law.

The term "vehicle", as used in this Subsection, shall mean any vehicle designed to travel along and over the ground or be pulled behind by use of wheels, treads, runners or slides and may transport persons or property and shall include, without limitation, automobiles, trucks, motorcycles, motor vehicles, tractors, wagons, buggies, trailers or any part or portion thereof.