[R.O. 1997 §220.010; CC 1989 §11-66; Ord. No. 810 §1, 5-9-1967]
Whatever is dangerous to human life or health, and whatever
renders the soil, air, water or food impure or unwholesome, is hereby
declared to be a nuisance.
[R.O. 1997 §220.020; CC 1989 §11-67; Ord. No. 810 §5, 5-9-1967]
A.
In addition to the penalty provided for a violation of this Code,
the Municipal Judge, or other judge of a court of competent jurisdiction
trying a case under this Article, upon conviction as a part of the
judgment, may order the Chief of Police to abate a nuisance, and the
costs of abating such nuisance shall be made a part of the costs of
the case.
B.
In case the Chief of Police abates the nuisance and such costs are
not paid, he/she shall file a report of the same in the office of
the City Clerk in writing, and the filing of the same shall be notice
to all persons.
C.
Such report shall be submitted to the Board of Aldermen at its first
regular meeting thereof, after it has been on file for five (5) days.
D.
The person against whom such costs have been adjudged shall have
the right to be heard, and if the report is approved by the Board,
it may direct the City Clerk to issue a special tax bill for such
amount as is approved by the Board against the property on which such
nuisance was abated. Such tax bill shall be a lien against such property
in like manner as for street improvements.
[R.O. 1997 §220.030; CC 1989 §11-68; Ord. No. 810 §2, 5-9-1967]
It shall be unlawful for any person to carry on, permit or maintain
any of the acts, things or conditions declared and defined in this
Article or by the laws of the State, to be a nuisance.
[R.O. 1997 §220.040; CC 1989 §11-69; Ord. No. 810 §3, 5-9-1967]
A.
The following are hereby deemed, declared and defined to be nuisances:
1.
All substances which emit or cause any foul, noxious, unhealthy
or disagreeable odor in the neighborhood where they exist.
2.
Every soap factory, cellar, shop, meat shop, stable, house,
barn, or other building or structure which emits or causes any offensive
odor or disagreeable or noxious smell.
3.
All slop, foul or dirty water, all filth, refuse, or offal discharged
through drains, spouts, or otherwise, swept or thrown upon any sidewalk,
street, alley, lot, park, public or private enclosure, or any stagnant
pond or pool of water.
4.
All articles or things kept, caused, maintained or permitted
by any person to the injury, inconvenience, or annoyance of the public
or any neighborhood.
5.
All ashes, cinders, filth, excrement, sawdust, stones, rock,
dirt, straw, soot, stocks, shavings, cans, dust, paper, trash, rubbish,
manure, refuse, waste matter, decayed fruit or vegetables, old iron
or other metals, old wearing apparel, and any other offensive or disagreeable
matter, substance or thing thrown, left or deposited or caused to
be thrown, left or deposited upon any street, avenue, alley, sidewalk,
public or private enclosure, lot, vacant or occupied, or pond or pool
of water that is stagnant.
6.
All boxes, barrels, kegs, crates, boards, broken ware, metal
from any source, parts of wrecked automobiles, used motor vehicles
in disrepair, parts of used automobiles left or thrown upon any sidewalk,
curbstone or gutter or in front, alongside or in the rear of any building,
or upon any lot or vacant lot.
7.
The burning within the City limits of any animal, vegetable,
or other substance, the burning of which creates or generates any
disagreeable, noxious or unwholesome smell or odor.
8.
Any toilet in such condition as to be offensive, annoying or
disagreeable.
9.
The accumulation on any lot or piece of ground in the City of
any refuse matter in such manner as to be offensive, annoying or disagreeable.
10.
The placing or maintenance of any obstruction of any kind in
any natural watercourse in the City so as to impede the natural flow
of water therein.
11.
All oil, used motor oil, drainage from crankcases of any motor
vehicle left or deposited, or permitted to drain or run from private
property in or upon any sidewalk, street, alley, highway, or drainage
ditch upon any street, alley, avenue, highway or private enclosure,
lot, or vacant or occupied property of another.
12.
Any building, structure, or enclosure which is permitted to
be kept in such condition as to be offensive, annoying or disagreeable
to any person.
[R.O. 1997 §220.050; CC 1989 §11-70; Ord. No. 810 §4, 5-9-1967]
In all cases wherein no provisions are made in this Article
defining what are nuisances and how the same may be removed, abated
or prevented, in addition to what may be declared herein as such,
those offenses which are known to the common law and the Statutes
of the State as nuisances may, in case the same exist within the City
limits, be treated as such and proceeded against as in this Article
provided, or in accordance with the provisions of law.
[R.O. 1997 §220.055; Ord. No. 1551 §1, 6-2-2008]
A.
Prior Ordinances. The City has enacted previous
ordinances concerning nuisances, including defining, enumerating and
enacting certain remedies. Nothing in this Section is to alter or
change those ordinances. This Section provides remedies in addition
to those previously enacted ordinances.
B.
Cause Of Action. The City shall have the authority
to initiate and maintain a civil cause of action for the abatement
of nuisances existing within the boundaries of the City and within
one-half (1/2) mile of the boundaries thereof.
C.
Attorney's Fees. Upon the successful prosecution
of such a cause of action, the City may be awarded by the court reasonable
attorney's fees incurred in such action. This Section shall not be
construed to allow any award of attorney's fees in any Municipal Court
hearing on criminal charges of traffic violations.
[R.O. 1997 §220.060; CC 1989 §11-86; Ord. No. 799 §1, 7-7-1966; Ord. No. 1876, 10-11-2022]
Tall grass and weeds allowed to stand or grow in a height in
excess of twelve (12) inches and noxious plants as defined by the
State of Missouri allowed to grow on any lot or tract of land in the
City are hereby deemed and declared to be a menace to the health and
safety of the City and its residents and are declared a nuisance.
Grass and weeds are defined as all grasses and broadleaf plants, both
annual and perennial vegetation, other than trees and shrubs. Grasses
and broadleaf plants which are cultivated flowers and gardens are
excluded, except nothing in this provision shall be interpreted to
allow an owner to not keep his/her/its lawn mowed to a height of less
than twelve (12) inches in height. The provisions of this Section
shall not apply to properties zoned Agricultural within the corporate
limits of the City.
[R.O. 1997 §220.070; CC 1989 §11-87; Ord. No. 799 §2, 7-7-1966; Ord. No. 1775, 8-14-2017; Ord. No. 1876, 10-11-2022]
Whenever tall grass, weeds or noxious plants in violation of
this Article, are allowed to grow on any lot or tract within the City,
the owner of the property, or in case of joint tenancy, tenancy by
entireties or tenancy in common, each owner thereof, shall be liable
for their removal. If the City Code Officer determines the owner(s)'
property to be in violation of this Section, the Code Officer shall
give ten (10) days written notice of the violation. The notice shall
be delivered: personally; by United States Mail mailed by First Class
Mail to the owner or owners at the owners' address as shown on the
records of the Barry County Assessor; or by posting a copy of the
notice on the premises. If the tall grass, weeds or noxious plants
are not removed within said ten (10) days the City Code Official may
declare the tall grass, weeds or noxious plants to be a nuisance and
order the same to be abated within five (5) days. If the same are
not removed within said five (5) days, the City Code Official shall
have the tall grass, weeds or noxious plants cut down and removed,
and shall certify the costs of same to the City Clerk, who shall cause
a special tax bill on the property to be prepared and to be collected
by the County Collector or other official collecting taxes, with other
taxes assessed against the record owners of the property. The tax
bill from the date of its issuance shall be a lien on the property
until paid. Each special tax bill shall be issued by the City Clerk
and delivered to the County Collector or other official collecting
taxes on or before the first day of June each year. Such tax bills
if not paid when due shall bear interest at the rate of eight percent
(8%) per annum.
[R.O. 1997 §220.080; CC 1989 §11-88; Ord. No. 799 §§3 — 6, 7-7-1966; Ord. No. 1876, 10-11-2022]
Any owner(s) who disagree with the determination of the City
Code Officer may request a review of his/her decision by the City
Administrator within said ten (10) days after initial notice. That
if the City Administrator affirms the decision of the City Code Officer,
then within five (5) days after his/her decision, the owner(s) may
appeal to the Board of Aldermen of the City of Cassville, whose decision
will be a final determination.
