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.
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 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 semi-public 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 City of Gerald.
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 City 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 City of Gerald and the Statutes of the State of Missouri.
No person shall discharge or cause to be discharged into a storm water 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.
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 Gerald.
Unlawful To Cause, Maintain Within One-Half Mile Of City. 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 Gerald, or within one-half (½) mile of the corporate limits of the City of Gerald, 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.
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 Mayor or his/her designate shall have the authority to order the Chief of Police or Health Officer or other City Official to immediately abate the nuisance in an appropriate manner.
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:
[Ord. No. 825 §3, 11-10-2016]
If the City Clerk or his/her designee has reason to believe that a nuisance is being maintained within the City, the City Clerk shall send written notice to the person causing, maintaining or permitting the same to forthwith remove, terminate or abate such nuisance within a reasonable time, not less than ten (10) days when required by law, as determined by the City Clerk after consideration of the nature of the nuisance and the actions necessary to remedy the situation. Such notice shall also state that upon failure to abate the condition causing the nuisance within said time period, the City shall have a hearing where all parties may be heard and present evidence as to whether the condition constitutes a nuisance.
All notices hereunder shall be given by first class United States mail or by posting a copy thereof on the property involved and shall include a statement of the condition constituting such nuisance and those actions necessary to remove, terminate or abate the same. Where the property is not owner-occupied, service of the notice shall be to the owner of the property and to any occupant of the property. The notice shall specifically describe each condition of the lot or land declared to be a public nuisance and identify what action will remedy the public nuisance.
The notice shall include a date, time, and place of the scheduled hearing no sooner than ten (10) days after such notice and include a statement that the hearing shall be deemed automatically canceled if the property owner abates the conditions described in the notice within the time specified in such notice and notifies the City Clerk of such abatement prior to the hearing date.
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.
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.
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 Clerk shall cause a special tax bill therefor against the owner thereof when known, and if not known then against the unknown persons, and the certified bills of such assessment shall describe therein the property upon which the work was done.
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 and shall be a lien on the property.
[Ord. No. 825 §3, 11-10-2016]
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.
Any person in physical possession and control of any animal shall remove excreta or other solid waste deposited by the animal in any public or private area not designated to receive such wastes, including but not limited to streets, sidewalks, parking lots, public parks or recreation areas and private property. The provisions of this Section shall not apply to a guide dog accompanying any blind person.
[Ord. No. 369, 7-8-1993; Ord. No. 606 §§1 — 2, 5-24-2007; Ord. No. 626 §1, 2-7-2008]
Definitions. As used in this Section, the following words shall have the meanings set out below:
- DAMAGED, DISABLED OR UNLICENSED VEHICLE
- Any vehicle which is not registered or is improperly registered with the State of Missouri or without proper license plates affixed, has been inoperable on public or private property for more than forty-eight (48) hours or is in such a state of repair as to be inoperable, except those on the premises of a duly licensed automobile junking yard.
- Any metal, glass, paper, rags, wood, machinery, parts, cloth or other waste or discarded material of any nature or substance whatsoever, or scrap or salvage materials.
- Any person, firm, partnership, co-partnership, corporation or other organization of any kind.
- Any land owned by the City or located within the City limits, not including streets and highways.
- STREET OR HIGHWAY
- The entire area between the boundary lines of every publicly maintained way when any part thereof is open to the use of the public for purposes of vehicular travel.
- Any machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides including, but not limited to, automobiles, trucks, trailers, motorcycles, tractors, buggies and wagons or any part thereof.
Damaged, Disabled Or Unlicensed Vehicle. Any person who allows any damaged, disabled or unlicensed vehicle, part thereof, or junk to be located on any property, street or highway which presents a hazard to children or harbors tall grass, weeds or other vegetation or creates a fire hazard or affords a breeding place or nesting place for mosquitoes, flies, rodents, rats or other vermin, or any vehicle, part thereof, or junk allowed to remain unmoved on any street or highway for forty-eight (48) hours shall be deemed guilty of a misdemeanor. Each day of violation shall be deemed a separate offense. Nothing in this Section shall apply to a vehicle which is stored safely within a permanent and enclosed structure.
Complaints, How Made. Any complaint by any person shall be made to the Chief of Police or a City Police Officer. The Chief of Police shall then review the complaint and any evidence provided in support thereof. If the Chief of Police determines that there is a nuisance within the meaning of this Section, he or she or a City Police Officer shall begin proceedings against the person or persons creating or maintaining such nuisance as provided in this Section. The Chief of Police or other City Police Officer may, in addition to any other remedy, issue a summons for an ordinance violation.
[Ord. No. 885, 4-11-2019]
Notice. Whenever the Chief of Police determines that any vehicle or junk is a nuisance as defined herein, the Chief of Police or City Police Officer shall cause written notice to be served upon the owner of the vehicle or junk by registered mail or by personal service. The notice shall state that the vehicle or junk is deemed to be a nuisance within the provisions of Subsection (B) hereof and shall briefly state facts deemed to constitute such vehicle or junk a nuisance within the terms of this Section and state that the nuisance shall be abated within ten (10) days from receipt of such notice.
Hearing. Whenever the owner or custodian of any nuisance as defined in Subsection (B) has been served with written notice as provided in Subsection (D) of this Section, the owner or custodian of said nuisance shall be given an opportunity to appear before the Board of Aldermen to be allowed a hearing on the existence of said nuisance. The right to a hearing shall be contained in the notice as provided in Subsection (D) of this Section. As stated in Subsection (D), the violator shall have ten (10) days to abate the nuisance or to appear before the Chief of Police or other designated official.
Proceedings When Owner Or Custodian Cannot Be Located. When the owner or custodian of any nuisance as defined in Subsection (B) cannot be located by a reasonable search, the notice shall be attached to the property, briefly stating facts deemed to constitute the property a nuisance and stating that the nuisance shall be abated within fifteen (15) days of the date notice was posted or, if the vehicle is on public property, within two (2) days of the date notice was posted.
Duty Of The Owner Or Custodian. Any person receiving the notice provided for above shall comply with the provisions of the notice requiring abatement. Failure to comply with this provision is unlawful.
Disposition. If not removed within the times specified in the notice, the vehicle or junk shall be transported to a storage area by or at the direction of the Chief of Police or his/her duly authorized representative at the expense of the owner or person in custody thereof. It shall then be stored for a period of at least thirty (30) days and the person entitled to possession thereof may redeem the property by payment to the City of the actual cost of its removal and a reasonable storage fee of twenty dollars ($20.00) per day. If the vehicle or junk is unredeemed after the expiration of the thirty (30) day period, the Chief of Police may sell it to the highest bidder or, if it has no sale value, may otherwise dispose of it. Any money received from disposal of any vehicle or junk shall be applied to the expenses charged to the owner or person in charge thereof and any excess held in escrow and returned to him/her. After another thirty (30) day period, if the excess be unclaimed, it shall be paid over to the General Fund of the City.
Notice of Sale. Prior to the sale of any such property, the Chief of Police shall cause to be posted in City Hall the place of storage and at least one (1) other public place in the City a notice of sale stating:
That the City is selling abandoned property;
The color, make, year, motor number and serial number, if available, and any other information necessary for an accurate identification of the property;
The terms of the sale; and
The date, time and place of the sale. This notice shall be published not less than ten (10) or more than thirty (30) days prior to the date of the sale.
Entry Onto Private Property. The Chief of Police or his/her duly authorized representative may enter upon private property for inspection or for the purpose of removing any vehicle or junk in accordance with this Section. If any person refuses to allow entry onto his/her private property, the Chief of Police may obtain a warrant from the proper official and proceed in accordance therewith.
[Ord. No. 684 §1, 9-9-2010]
No person, firm or corporation shall cause any vehicle to be parked upon the streets and alleyways of the City of Gerald, Missouri, having a width over seven (7) feet and/or a length of over twenty-five (25) feet and/or any trailer, pull-behind or fifth wheel camper with a length of over sixteen (16) feet, including its cargo, except under the following conditions:
While in the process of loading or unloading the vehicle, including a reasonable waiting time to be loaded or unloaded. Waiting time in excess of two (2) hours shall be deemed to be unreasonable.
Upon breakdown of the vehicle where moving the vehicle without assistance from another source would cause serious damage to the vehicle or streets and alleyways of the City of Gerald, Missouri. Said vehicle shall not be repaired upon the City street or alleyway unless repair would be needed prior to having the vehicle moved by towing or needed repair could be made within a short duration of time. Any person, firm or corporation parking a vehicle described herein because of a breakdown must notify the City Police Department of the breakdown, giving the location of the vehicle and the nature of the breakdown. Said vehicle shall be removed as expeditiously as possible.
Under temporary permit issued by the Chief of Police of Gerald, Missouri, the Chief of Police of the City of Gerald may issue a temporary permit not to exceed twenty-four (24) hours under the following circumstances:
Application to the Chief of Police setting forth the particular hardship caused by not allowing the vehicle to be parked at a specific location; and
Determination by the Chief of Police that to deny the permit would cause undue hardship. Inconvenience shall not be considered a hardship; and
Determination by the Chief of Police that the location at which the vehicle would be parked would not unduly hinder traffic and would not cause damage to the surface of the street or alleyway.
[Ord. No. 605 §1, 5-24-2007]
No person shall cause or permit any grass, weeds or rank vegetation growth to attain a height in excess of twelve (12) inches upon any property located within the City. Any owner who shall cause or permit any weeds or rank vegetation growth to attain a height in excess of twelve (12) inches shall be deemed to have committed a public nuisance.
In addition to the remedial provisions set forth in this Section and in order to protect, promote and preserve the public health and safety, it is hereby declared that any person owning any lot within the City and permitting or suffering a growth of weeds or rank vegetation thereon in excess of twelve (12) inches from the soil shall be deemed to be in violation of this Section and shall be punished upon conviction as provided in Section 100.100(E) of this Code.
Joint And Severable Responsibility. Whenever weeds or trash, in violation of this Chapter 215, Section 500.105 (Property Maintenance Code) or any other Code Section, are allowed to grow or accumulate, as the case may be, on any part of any lot or ground within the City, the owner of the ground, and any tenant, lessee, or occupant thereof, shall be jointly responsible and liable. In case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be jointly and severability liable.
Hearing; Notice; Order Of Abatement. The Hearing Officer shall conduct a hearing upon at least four (4) business days' written notice. Notice shall be made in one (1) of the following ways:
Special Tax Bill. Upon receiving the City's certified cost of abatement, the City Clerk shall cause a special tax bill against the property to be prepared and to be collected with other taxes assessed against the property. The special tax bill from the date of its issuance shall be a first 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 Clerk and delivered to the Collector for Franklin 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. Costs for collecting the tax bill, including attorney fees, may be charged in the event a lawsuit is required to enforce a tax bill.
Repeat Violation In Same Growing Season/Calendar Year. If weeds are allowed to grow, or if trash is allowed to accumulate, on the same property in violation of an ordinance more than once during the same growing season in the case of weeds, or more than once during a calendar year in the case of trash, the City may, without further notification, have the weeds or trash removed and the cost of the same be billed in the manner described in Section 215.040.D above. The provisions of this Subsection F do not apply to lands owned by a public utility and lands, rights-of-way, and easements appurtenant or incidental to lands controlled by any railroad.
[Ord. No. 628 §1, 4-10-2008; Ord. No. 733 §1, 8-27-2013]
The following weeds, growths and vegetation are a public nuisance and are referred to in this Section ordinance as "noxious growths":
Any growth of any grasses, weeds, Russian, Canadian, Scotch or Musk thistle, wild lettuce, wild mustard, wild parsley, ragweed, milkweed, ironweed, poisonous plants or shrubs, and all other vegetation which have, by neglect, attained a height of twelve (12) inches or more, growing or being upon any property in the City. The burden of proof of non-neglectful high vegetation lies with the property owner.
Any weed, growth or vegetation growing or being upon any property, when such weed, growth or vegetation by direct contact or by proximity thereto can cause irritation, dermatitis, or lesion of the skin of any person.
Any trees, shrubbery, vegetation growing or being upon any property, which are not kept trimmed as specified in the following Subsections to prevent obstruction of the view and movements of vehicles and pedestrians on public areas or streets:
Sidewalks, trees, shrubbery, bushes and vegetation shall be kept trimmed so as to provide clearance under any weather conditions for the horizontal width of at least four (4) feet and a vertical clearance of at least seven (7) feet from any sidewalk. The term "sidewalk" includes paved sidewalks, within the confines of a dedicated street, a walkway on a public right-of-way normally used by the public as indicated in a worn path, or any walkway on a public easement.
Streets or alleys. Trees, shrubbery, bushes and vegetation shall be kept trimmed so that during any weather conditions the foliage or branches shall not extend beyond the curblines unless there is a clearance of at least eight (8) feet above the curb and eight (8) feet above the center of the nearest traffic lane. In those cases where no curb has been provided, the curbline clearance shall apply at the nearest edge of the roadway surfacing.
No field dressing shall be allowed within one hundred (100) feet of the property line. No field dressing waste shall be allowed to remain on the property for more than twenty-four (24) hours.
Nothing in this Section shall be applied so as to prohibit the use of aquatic habitats, wildlife refuges, and authorized greenbelts for educational purposes, demonstration areas and flora treatment projects.
This Section does not apply to land zoned or used for agriculture, underdeveloped lots or lots in excess of one (1) acre which are more than one hundred fifty (150) feet distance from any developed residential or commercial lot.
Nothing in this Section shall be applied so as to prohibit the maintenance of a compost pile on residential property, which contains only items such as leaves, clippings of grass and other lawn and garden vegetation, ashes and wood chips. Items prohibited for composting are household/kitchen garbage of such a nature as to spread or harbor disease, emit noxious gases, fumes or odors, or attract rodents, insects or other animals.
Abatement of nuisance. Every owner, occupant or person in control of any property described in this Section shall cause said property to be kept free from noxious growths by destroying them by spraying with a chemical compound approved by the Missouri State Conservation Commission and applied at the direction of the City of Gerald or its duly approved agent or by cutting or digging under, or any other method approved by the City of Gerald or its duly authorized agent.
All structures and exterior property and premises shall be maintained in a clean, safe and sanitary condition.
It shall be unlawful for any person to store, for longer than one (1) month, any vehicle parts, machinery, implements, tires, tools' boxes, barrels, bottles, cans, metal drums, bricks, blocks or stones, cut brush, tree branches, limbs, or timber; furniture not designed for outdoor use, stoves, refrigerators or freezers or similar items; unless items are stored within an enclosed building.
All items not stored within a building shall be maintained in good repair and shall not allow infestation by insects, rodents or other animals. Wood shall be cut in lengths and sizes suitable for use, as firewood may be stored in an enclosed building or outside, if stacked.
It shall be unlawful for any person to place, deposit or permit to be placed or deposit any solid materials of any kind or nature into, along or across any stream, ditch, culvert, drainage pipe, watercourse or other drainage system so as to impede the flow of water, or any other material that would have the same effect.
No person shall cause, permit or allow any stagnant water to be upon premises owned, managed or occupied by him or her.
[Ord. No. 724 §1, 6-25-2013]
It shall be unlawful for any person to occupy any residence or any dwelling, or for any owner, manager, lessor or sublessor to allow any occupation of such property without water service.