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 flytight,
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 semipublic 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 Mount Vernon.
11.
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.
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 Mount Vernon 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 interfering
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 Mount Vernon.
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 Mount Vernon or within
one-half (1/2) mile of the corporate limits of the City of Mount Vernon,
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.
C.
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 City shall have authority to immediately abate
the nuisance in an appropriate manner.
D.
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:
1.
It Shall Investigate The Same. The
Board of Aldermen may order any person who has caused or is maintaining
the nuisance to appear before the Board of Aldermen at such time and
place as the Board of Aldermen may direct to show cause, if any, why
that person should not abate the nuisance. Every person required to
appear before the Board of Aldermen shall have at least ten (10) days'
notice thereof.
2.
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 of Aldermen.
3.
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 of Aldermen 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
of Aldermen, and that a special tax bill be issued for the costs of
abating the nuisance.
4.
If the order has not been obeyed
within the time period set by the Board of Aldermen, the appropriate
City Official shall proceed to abate the nuisance in the manner provided
by the order of the Board of Aldermen, and the cost of same, if ordered
by the Board of Aldermen, 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.
5.
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 for the repairing of sidewalks or grading
or paving of streets and shall be a lien on the property.
6.
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.
[R.O. 2004 § 220.150; Ord. No. 9.37 §§ 1 — 3, 5-27-2008]
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). Each day that a nuisance shall be maintained is a separate offense.
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.
Procedure To Abate Nuisance. Whether or not a party described in Subsection (C) of this Section is or has been issued a citation for maintaining a nuisance, the City may proceed as follows to abate the nuisance:
1.
Notice. The City Administrator shall
give a hearing after ten (10) days' notice thereof either personally
or by United States mail to the owner or owners, or his/her or their
agents, or by posting such notice on the premises; thereupon, the
City Administrator may declare the weeds, high grass or other vegetation
to be a nuisance and order the same to be abated within five (5) days.
2.
Disposition. In case the weeds, high
grass or other vegetation are not cut down and removed within the
five (5) days, the City Administrator shall have the weeds, high grass
or other vegetation cut down and removed and shall certify the costs
of same to the City Clerk.
3.
Tax Bill. The City Clerk shall cause
a special tax bill therefor against the property to be prepared and
to be collected by the Collector with other taxes assessed against
the property; and the 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 on
or before the first 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.