[Ord. No. 1116 § 1, 6-21-2010]
As used in this Chapter, the following terms shall have the
meanings indicated:
An unlawful act, or omitting to perform a duty, or suffering
or permitting any condition or thing to be or exist, which act, omission,
condition or thing either:
Injures or endangers the comfort, repose, health or safety of
others; or
Offends decency; or
Is offensive to the senses; or
Unlawfully interferes with, obstructs or tends to obstruct or
renders dangerous for passage any public or private streets, highways,
sidewalks, streams, ditch or drainage; or
In any way renders other persons insecure in life or use of
property; or
Essentially interferes with the comfortable enjoyment of life
and property, or tends to depreciate the value of the property of
others.
[Ord. No. 1116 § 2, 6-21-2010]
A.
The maintaining, using, placing, depositing, leaving or permitting
to remain on any public or private property of any of the following
items, conditions or actions are hereby declared to be and constitute
a nuisance; provided, however, this enumeration shall not be deemed
or construed to be conclusive, limiting or restrictive:
1.
Noxious weeds and other rank vegetation over six (6) inches
in height.
2.
Accumulation of rubbish, trash, refuse, junk and other abandoned
material, metals, lumber or other things.
3.
Any condition which provides harborage for rats, mice, snakes,
and other vermin.
4.
All unnecessary or unauthorized noises and annoying vibrations,
including animal noises.
5.
All disagreeable or obnoxious odors and stenches, as well as
the conditions, substances or other causes which give rise to the
emission or generations of such odors and stenches.
6.
The carcasses of animals not disposed of within a reasonable
time after death.
7.
The pollution of any public well or cistern, stream, lake, canal
or body of water by sewage, dead animals, creamery, industrial wastes
or other substances.
8.
Any building, structure or other place or location where any
activity which is in violation of local, State or Federal law is conducted,
performed or maintained.
9.
Any accumulation of stagnant water permitted or maintained on
any lot or piece of ground.
10.
Dense smoke, noxious fumes, soot, dust or cinders, in unreasonable
quantities.
11.
Dead trees and limbs of trees so located that the falling thereof
would endanger the safety of persons using public sidewalks in the
Town, or endanger the safety of any pedestrian or occupant of any
motor vehicle traveling upon any public street.
12.
Tree limbs and branches which overhang any sidewalk or public
street of such height above the sidewalk or street as shall impede
and interfere with the use of said street by a pedestrian or the operator
of any motor vehicle, or shall endanger the safety of any person using
any public sidewalk, or endanger the safety of any pedestrian or occupant
of any motor vehicle traveling upon any public street.
13.
Any junked, wrecked or inoperable motor vehicle, or parts pertaining
to any motor vehicle, trucks, tractors, lawn mower, boats and motorcycles.
14.
Cast or throw upon or allow to run in or upon any street, alley,
public place or sidewalk, or into any lot premise of another, any
grass or other vegetation debris, or noxious or offensive substance.
15.
Allow gutter drains to direct water upon any lot or premises
of another.
[Ord. No. 1116 § 3, 6-21-2010]
It shall be unlawful for any person to cause, permit, maintain
or allow the creation or maintenance of a nuisance.
[Ord. No. 1116 § 4, 6-21-2010]
Subject to constitutional limitations, authorized agents of
the Town are hereby authorized to enter into or upon any premises,
where there is a reason to suspect the existence of any nuisance.
[Ord. No. 1116 § 5, 6-21-2010]
Whenever a nuisance is found to exist within the Town of Carrollton
or within the Town's extraterritorial jurisdiction, a duly designated
officer or employee of the Town shall give ten (10) 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.
[Ord. No. 1116 § 6, 6-21-2010]
A.
The notice to abate a nuisance issued under the provisions of this
Chapter shall contain:
1.
An order to abate the nuisance or to request a hearing within
a stated time, which shall be reasonable under the circumstances.
2.
The location of the nuisance, if the same is stationary.
3.
A description of what constitutes the nuisance.
4.
A statement of facts necessary to abate the nuisance.
5.
A statement that if the nuisance is not abated as directed and
no request for a hearing is made within the prescribed time, the Town
will abate such nuisance and assess the cost thereof against such
person.
[Ord. No. 1116 § 7, 6-21-2010]
The notice to abate a nuisance shall be served as any other
legal process may be served pursuant to the law.
[Ord. No. 1116 § 8, 6-21-2010]
Upon the failure of the person upon whom notice to abate a nuisance
was served pursuant to the provision of this Chapter to abate the
same, the Chief of Police shall proceed to have the nuisance abated
and shall prepare a statement of costs incurred in the abatement thereof.
[Ord. No. 1116 § 9, 6-21-2010]
Any and all costs incurred by the Town in the abatement of a
nuisance under the provisions of this Chapter shall constitute a lien
against the property upon which such nuisance existed, which lien
shall be filed, proven and collected as provided for by law. Such
lien shall be notice to all persons, from the time of its recording,
and shall bear interest at the legal rate thereafter until satisfied.
[Ord. No. 1116 § 10, 6-21-2010]
If, upon trial and conviction for causing or maintaining any
nuisance defined and prohibited by this Chapter, it shall appear that
the nuisance complained of continues to exist, the Municipal Judge,
may, in addition to the penalty imposed for causing or maintaining
such nuisance, make an order directing the Chief of Police to abate
the nuisance forthwith and report the expense thereof to the Municipal
Judge, who may make such cost a part of the judgment in addition to
the fine imposed. Such costs shall be collected in the same manner
as other fines and penalties.
[Ord. No. 1116 § 11, 6-21-2010]
The provisions of this Chapter shall be supplemental to all
other Chapters.
[Ord. No. 1116 § 12, 6-21-2010]
A.
The Town Council of Carrollton, Missouri finds that the failure to
cut and mow grass and weeds in residential, commercial, and industrial
areas of the Town creates a nuisance and is harmful to the heath,
and well-being of the residents, and is contrary to the general welfare
of the residents. Specifically, the failure to mow the grass and cut
weeds in said areas:
1.
Creates a nuisance in that weeds are permitted to go to seed
and spread onto the lawns of neighbors;
2.
Creates a health hazard in that overgrown lawns and weeds contribute
to the amount and spread of pollen, affecting those who suffer from
allergies;
3.
Affects property values and appearances in non-agricultural
areas;
4.
Creates danger of crime where unkempt lawns may give rise to
an assumption that the premises are unoccupied.
5.
Creates danger where tall grass and weeds near residences may
hide garbage and debris which attracts rodents; and
6.
Affects the public welfare by reflecting negatively on our citizens
and Town.
B.
Restrictions. No person, firm, partnership, or corporation owning
or having a present interest in (including renting) or occupying any
real estate having one or more primary uses which are residential,
commercial, or industrial in nature will permit any grass or weeds
or vegetation whatsoever, not edible nor planted for some useful or
ornamental purpose, to grow or remain on such premises, including
any portion of the premises occupied by a street or alley, so as to
exceed a height of six (6) inches, or to throw off any unpleasant
or noxious odor or to conceal any filthy deposit or to create or to
produce pollen. All such vegetation is declared to be a nuisance and
detrimental to the health, safety, cleanliness, and comfort of the
inhabitants of the Town.
C.
Exceptions. This Chapter will not be enforced with respect to weeds,
grass, or similar vegetation as defined when they are located in the
following areas:
D.
Responsibility. The owner and the occupant of any such premises,
in case of premises occupied by other than the owner, will have the
duty to remove, trim or cut all vegetation growing or remaining upon
the premises in violation of the provisions of this Chapter.
E.
Notice To Owner And/Or Occupant To Comply.
1.
Whenever it is reported or observed by the Ordinance Enforcement
Officer that any owner or occupant of property has failed to comply
with any of the terms of this Chapter, the Ordinance Enforcement Officer,
appointed by the Mayor, will cause a written notice to be served upon
the owner or occupant or both directing the owner and/or occupant
to comply with all terms of this Chapter within five (5) days.
2.
Such notice may be mailed by United States mail, first-class,
postage pre-paid; by certified or registered mail; by personal service,
or, if the property is occupied, by posting the notice at a conspicuous
place upon the affected property.
F.
Failure Of Owner And/Or Occupant To Comply. Any person, firm, partnership,
or corporation who or which fails to comply with the requirements
of this Chapter within five (5) days in accordance with the notice
specified, upon conviction, shall be guilty of a summary offense,
and will be sentenced to pay a fine of not less than fifty dollars
($50.00) but not to exceed three hundred dollars ($300.00), or in
lieu of said fine, to be sentenced to a term of imprisonment not to
exceed thirty (30) days. Each and every day of continued violation
will constitute a separate offense.
G.
Town's Removal Of Nuisance. In the event of the failure of the owner/or
occupant to comply with the requirements of this Chapter within five
(5) days of the date of the notice specified, the Town may and will
have the grass and weeds brought into compliance and bill the owner
for the cost plus a penalty of ten percent (10%). These costs and
penalties will be in addition to fines for violations. Penalties may
be collected by summary proceedings or in the manner provided for
the collection of municipal claims or by an action in assumpsit without
the filing of a claim or by any other procedure authorized by law.
H.
Legal Proceedings To Enforce Compliance. In addition to fines for
violations, costs, and penalties provided for by this Chapter, the
Town may institute proceedings in Courts of Equity to require owners
and/or occupants or real estate to comply with the provisions of this
Chapter.
I.
Penalties To Be A Lien. The cost of removal, fine, and penalties
mentioned above may be entered by the Town as a lien against the property
in accordance with existing provisions of law.
