Cross References — As to dangerous buildings as a nuisance, ch. 505; as to prostitution houses deemed a nuisance, §210.465.
[Ord. No. 2009-03 §2, 3-9-2009]
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 of the Code of Ordinances of the City
of Bonne Terre.
11.
Any vehicle used for garbage or rubbish disposal which is not equipped
with a water-tight 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 Bonne Terre 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.
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
Bonne Terre.
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 Bonne Terre or within one-half (½) mile of the corporate
limits of the City of Bonne Terre, 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.
Abatement Generally.
1.
Abatement of nuisance — Abatement Officer. Whenever the Abatement Officer for the City shall ascertain or have
knowledge that a nuisance exists on any premises in the City, 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.
2.
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:
a.
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 or her family over the age of fifteen
(15) years.
b.
Mailing a copy to such person at such place or address by United
States certified mail return receipt.
c.
If service of such written notice is unable to be perfected by any
of the methods described above, the Abatement Officer shall direct
the City Clerk to cause a copy of the aforesaid notice to be published
in a newspaper of general circulation in the County where the City
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 lien
holder of the property, if any, as documented therein, is and cause
a written notice to be served on such lien holder by United States
mail return receipt.
3.
Notice to abate and/or notice for criminal citation. Whenever a nuisance is found to exist within the City or within
the City's extraterritorial jurisdiction, the Chief of Police or other
duly designated officer of the City may issue a criminal citation
to appear in Municipal Court for maintaining a nuisance and/or give
five (5) days' written notice to the owner or occupant of the property
upon which such nuisance exists, or upon the person causing or maintaining
the nuisance, to abate said nuisance as provided hereafter.
4.
Summary abatement. Whenever it becomes necessary
to abate a nuisance immediately in order to secure the general health,
welfare or safety of the City or any of its inhabitants, the City
is authorized to abate such nuisance without notice and may use any
suitable means or assistance for that purpose, whether by employees
of the City or laborers especially employed for that purpose or any
other help or assistance necessary therefor.
5.
Municipal Court may order abatement — cost of abatement
by the City, 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 City 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 City 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.
6.
Right of entry. Any person or contractor employed
by or under contract with the City 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 City or with any representative
of the City engaged in the abatement of any nuisance pursuant to an
order of the Municipal Judge or any summary abatement as described
above.
7.
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
City, he/she may instead of entering a finding remand the matter to
the City Council and the City 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 City Council 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 City Council in such
order, the matter may again be presented for prosecution before the
Municipal Court for determination.
8.
Court suit authorized. Nothing in this Section 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.
[CC 2001 §8.08.100; Ord. No. 6.24 §10, 4-20-1995; Ord. No. 201203, 5-14-2012]
A.
Failure To Keep Weeds, High Grass And Other Vegetation Cut And Removed,
A Nuisance. 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. Whenever such weeds, high
grass or other vegetation shall attain the height of twelve (12) inches,
it shall be deemed a public nuisance.
B.
Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection (A).
C.
Liability. Whenever weeds, high grass or other vegetation in violation of Subsection (A) of this Section are allowed to grow on any part of any lot or ground within the City, the owner of the ground or, in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be liable.
D.
Notice. The Chief of Police shall give a hearing after ten
(10) days' notice thereof either personally or by United States mail
to the owner or owners, or the owner's agents, or by posting such
notice on the premises; thereupon, the Chief of Police may declare
the weeds, high grass or other vegetation to be a nuisance and order
the same to be abated within five (5) days.
E.
Disposition. In case the weeds, high grass or other vegetation
are not cut down and removed within the five (5) days, the Chief of
Police shall have the weeds, high grass or other vegetation cut down
and removed and shall certify the costs of same to the City Clerk.
F.
Tax Bill. The City Clerk and/or finance officer 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
City 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.
G.
Abatement Of Nuisance. If the nuisance is present on the
property seven (7) days after receipt of the notice by the property
owner, the Enforcement Officer shall cause the same to be abated.
(The costs of abatement may include a fee for the City's costs in
administering this Section, which fee shall not exceed one hundred
dollars ($100.00). The Enforcement Official shall certify the costs
of such abatement to the City Clerk or other 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, and shall be collected in the same manner and procedure
as for collecting real estate taxes.
H.
Maintenance Of Public Rights-Of-Way/Easements. Whenever
private property abuts a public right-of-way or easement belonging
to the City of Bonne Terre, or any other entity, and there exists
in such right-of-way or easement a tree lawn or grassy area between
the private property line and midline of said right-of-way or easement,
then such tree lawn or grassy area shall be considered, for purposes
of this Section requiring cutting of grass and weeds, to be a part
of the private lot which abuts the right-of-way or easement, and it
shall by 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, and all
of the provisions of this Section shall apply with equal force and
effect to said tree lawn or grassy area.
[CC 2001 §8.08.110; Ord. No. 6.24 §11, 4-20-1995; Ord. No. 6.24A §1, 10-24-2000; Ord. No. 201203, 5-14-2012]
A.
Subsequent Violations. If the nuisance is permitted to grow or accumulate on private property in violation of this Section more than one (1) time within ninety (90) days and a prior violation of this Section was prosecuted during the same ninety (90) day period in the manner set forth in Section 215.020, the City may, without further notification, remove such nuisance in the manner set forth in Subsection (G) of Section 215.020.
B.
Penalties. Any owner, occupant or person in control of any property or properties described in Subsection (A) of Section 215.020 who shall violate or fail to comply with any provisions of this Article, including failure to comply with the notice described in Subsection (D) of this Section, shall be guilty of an offense. The fine for the first (1st) conviction shall be in the discretion of the court and shall not be more than seventy-five dollars ($75.00). The second (2nd) conviction within a three (3) year period shall be a minimum of seventy-five dollars ($75.00) and no more than one hundred fifty dollars ($150.00). The third (3rd) conviction within three (3) years of a previous conviction shall be a minimum of one hundred fifty dollars ($150.00) and no more than two hundred fifty dollars ($250.00) and a maximum of five hundred dollars ($500.00).
