[Ord. No. 272 § 1, 2-6-2017[1]]
A.
Purpose And Findings. The City Council of the City of Warsaw, Missouri,
finds that unkempt, unsafe, unsanitary and otherwise improperly maintained
premises and structures, sidewalks and easements within the City of
Warsaw, in addition to the obvious hazards which these conditions
pose to the public health, safety and welfare, adversely effect the
value, utility and habitability of property within the City as a whole
and specifically cause substantial damage to adjoining and nearby
property. A property which is merely unkempt may reduce the value
of adjoining property by more than thirty percent (30%), and if there
are sufficient properties which are unkempt, unsightly and dangerous,
that the habitability and economic well-being of the City are materially
and adversely affected. This Chapter conveys to the City Administration,
in accordance with the procedures set out below, all necessary and
proper powers to abate nuisances and other improperly maintained structures
and properties as they are described or found to exist, and to charge
the costs of their abatement to those responsible, the owners and
occupants of the property upon which nuisances exist, and those properties
themselves. This Chapter is an exercise of the City's police power,
and it shall be liberally construed to affect this purpose.
B.
Severability. If any Section, Subsection, sentence, clause, phrase
or portion of this Chapter is for any reason held to be invalid or
unconstitutional by the final decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions
of this Chapter. The City Council declares that it would have adopted
this Chapter and each Section, Subsection, sentence, clause, phrase,
or portion thereof, despite the fact that any one (1) or more Section,
Subsection, sentence, clause, phrase, or portion would be declared
invalid or unconstitutional.
C.
Enactment Clause And Short Title.
1.
Enactment Clause. The City Council of Warsaw, Missouri, pursuant
to the authority vested by law, hereby adopts and enacts this City
ordinance known as The Nuisance Ordinance of the City of Warsaw, Missouri.
2.
Short Title. This City ordinance may be known and cited as the
Nuisance Ordinance of Warsaw, Missouri.
[Ord. No. 272 § 1, 2-6-2017]
General Provisions. For the purposes of this Chapter certain
terms used herein are defined as set forth in this and the following
Sections. All words in the present tense include the future tense;
the plural number includes the singular, and all words in the singular
include the plural unless the natural construction of the sentence
indicates otherwise. The word "shall" is mandatory, not directory.
Any property, real or personal, which is unattended and either
open or unsecured so that admittance may be gained without damaging
any portion of the property, or which evidences indicia that no person
is presently in possession, e.g., disconnected utilities, accumulated
debris, uncleanliness, disrepair and, in the case of chattels, location.
The removal, stoppage, prostration, or destruction of that
which causes or constitutes a nuisance, whether by breaking or pulling
it down or otherwise destroying, or effacing it.
Any building the exterior openings of which are closed by
extrinsic devices or some other manner designed or calculated to be
permanent, giving to the building, the appearance of non-occupancy
or non-use for an indefinite period of time.
Any dwelling, structure or mobile home, factory built house,
or part thereof, built for the support, shelter or enclosure of persons,
animals, chattels or property of any kind.
The City Building Inspector.
Includes:
A nuisance defined by Statute or ordinance;
A nuisance at common law either public or private;
An attractive nuisance, whether in or on a building, a building
premises or an unoccupied lot and whether really, fixture or chattel,
which might reasonably be expected to attract children and constitute
a danger to them; including, but not limited to, abandoned wells,
ice boxes or refrigerators with doors and latches, shafts, basements
or other excavations, abandoned or inoperative vehicles or other equipment,
structurally unsound fences or other fixtures, lumber, fencing, vegetation
or other debris;
Uncleanliness;
Overcrowding; or
Abandonment or vacancy.
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A listing of conditions found to constitute public nuisances is found in Section 215.040 of this Chapter.
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Any person having any interest in the real estate in question
as shown upon the records of the office of the County Assessor, or
any person with legal, financial or equitable interest in the property
who establishes his or her interest before the Building Inspector
and/or City Council. For the purpose of giving notice, the term "owner"
also includes any person in physical possession.
Any real property, premises, structure or location on which
a public nuisance is alleged to exist.
Defined in Section 215.040 of this Chapter.
Abatement of the nuisance by the City, or a contractor employed
by the City, by removal, repair, or other acts without notice to the
owner, agent or occupant of the property except for the notice required
by this Chapter.
[Ord. No. 272 § 1, 2-6-2017]
All rules and regulations pertaining to dangerous buildings are now found in Chapter 505, Dangerous Buildings.
[Ord. No. 272 § 1, 2-6-2017; Ord.
No. 510, 5-15-2023; Ord. No. 512, 6-5-2023]
A.
Public Nuisance Defined. Any fence, wall, shed, deck, house, garage, building or structure not falling within the provisions of Chapter 505, or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, dock, wharf or landing dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of its condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one (1) or more individuals in the City, in any one (1) or more of the following particulars:
1.
By reason of being a menace, threat and/or hazard to the general
health and safety of the community.
2.
By reason of being a fire hazard.
3.
By reason of being unsafe for occupancy, or use on, in, upon,
about or around the aforesaid property.
4.
By reason of lack of sufficient or adequate maintenance of the
property, and/or being vacant, any of which depreciates the enjoyment
and use of the property in the immediate vicinity to such an extent
that it is harmful to the community in which such property is situated
or such condition exists.
B.
The following acts, in addition to any others in violation of Subsection (A) of this Section, are determined by the City Council as noisome, offensive, unwholesome, or dangerous to the public's health, welfare and/or safety and shall constitute a public nuisance:
1.
Allowing stagnant pools of water to accumulate;
2.
Accumulations or disposal of trash, lumber which is not piled
or stacked more than twelve (12) inches off the ground, earth, ashes,
mortar, papers, stone, brick, rock, tin, steel, dirt, manure, filth,
excrement, chips or rubbish of any description, cesspools, drains,
garbage or any other animal or vegetable substances, unless the accumulations
or disposal of such items in such place is specifically authorized
by law;
3.
The keeping of any horse, cattle, sheep, swine, goats, mules,
other livestock, fowl, exotic or zoo animals, such as monkeys, lions,
tigers, etc., within the corporate limits;
4.
The keeping or possession of more than four (4) domestic dogs
and/or domestic cats at any one (1) residence;
5.
The pollution of any river or stream;
6.
Burning of refuse or other material in such a manner as to cause
or permit the smoke, ashes, soot, or gases to be sensed by any person
or neighborhood;
7.
The distribution of samples of medicine or drugs to minors;
8.
The keeping of doves or pigeons which deposit excreta on buildings
and sidewalks;
9.
Maintaining a privy or outdoor closet where connections to a
sanitary sewer are available;
10.
Garbage trucks that are not covered and leak-proof;
11.
Dead animals not disposed of within twenty-four (24) hours;
12.
Any building, house, room, or other structure or vehicle, maintained
or used for the purposes of lewdness, assignation, or prostitution;
13.
Any pit, basin, hole, or other excavation which is unguarded
and dangerous to life, or has been abandoned, or is no longer used
for the purpose for which it was constructed, or is maintained contrary
to law;
14.
All obstructions to streets, rights-of-way, or other public
ways in the City, and all excavations in or under the same, which
are by ordinance prohibited, or which may be made without lawful permission,
or which, having been made by lawful permission, are kept and maintained
after the purpose thereof has been accomplished, or for an unreasonable
length of time;
15.
Erecting, maintaining, using, placing, depositing, leaving,
or permitting to be or remain in or upon any street, alley, sidewalk,
park, parkway, or other public or private place in the City, any one
(1) or more of, but not limited to, the following conditions or things:
16.
All premises and vehicles whereon or wherein intoxicating liquor
is manufactured, sold, bartered, exchanged, given away, furnished,
disposed of, consumed, or permitted to be consumed, in violation of
the laws of the State and the ordinances of the City;
17.
Any refrigerator, icebox or deep freeze locker having a capacity
of one and one-half (1 1/2) cubic feet or more or any other container
manufactured, custom-made or homemade designed for storage which is
stored, discarded, abandoned or left in any place accessible to children
and which has not had the door or latching mechanism removed to prevent
the latching or locking of the door;
18.
Leaving, or permitting to be or remain in or upon any sidewalk,
steps, or other public or private walkway in the City, any one (1)
or more of, but not limited to, the following conditions or things:
a.
Holes or protruding edges on public sidewalks and steps.
b.
Accumulation of snow and ice not removed within twenty-four
(24) hours.
c.
Mud, debris, garbage, or other items or substances upon the
surface which might cause a pedestrian to lose footing.
d.
Overhanging trees, shrubs, or other obstructions to pedestrian
travel;
19.
Electric fence or fence constructed wholly or partly of barbed
wire except in areas within the City zoned agricultural;
20.
Grass, weeds or plant growth in excess of seven (7) inches in
height. "Weeds" shall be defined as all grasses, annual plants and
vegetation, other than trees or decorative shrubs, cultivated flowers,
ornamentals and garden plants. Vegetation harmful or irritating to
the human touch shall be removed, including poison ivy, poison oak,
and poison sumac.
Exception: Any lot or tract of land in excess of sixty thousand
(60,000) square feet which is not being used for an industrial or
commercial purpose shall have a border within which weeds shall be
cut. Said border shall be measured along its perimeter twenty-five
(25) feet deep from the public right-of-way and/or from any adjoining
lot or tract of land used for an industrial or commercial purpose.
It shall further be the responsibility of the landowner to mow and
maintain the grass and weeds in the public right-of-way adjoining
his/her land;
21.
2015 International Swimming Pool And Spa Code. 305.5.
Onground residential pool structure as a barrier.
An onground residential pool wall structure or a barrier mounted
on top of an onground residential pool wall structure shall serve
as a barrier where all of the following conditions are presented:
a.
Where only the pool wall serves as the barrier, the bottom of
the wall is on grade, the top of the wall is not less than forty-eight
(48) inches (1,219 mm) above grade for the entire perimeter of the
pool, the wall complies with the requirements of Section 305.2 and
the pool manufacturer allows the wall to serve as a barrier.
b.
Where a barrier is mounted on top of the pool wall, the top
of the barrier is not less than forty-eight (48) inches (1,219 mm)
above grade for the entire perimeter of the pool, and the wall and
the barrier on top of the wall comply with the requirements of Section
305.2.
c.
Ladders or steps used as means of access to the pool are capable
of being secured, locked or removed to prevent access except where
the ladder or steps are surrounded by a barrier that meets the requirements
of Section 305.
d.
Openings created by the securing, locking or removal of ladders
and steps do not allow the passage of a four-inch (102) diameter sphere.
e.
Barriers that are mounted on top of onground residential pool
walls are installed in accordance with the pool manufacturer's
instructions.
22.
Non-licensed vehicles, including, but not limited to, recreational
vehicles, boats, trailers, construction equipment and any vehicle
that has been sitting unlicensed for more than thirty (30) days, which
are not stored in an accessory building, carport or garage so that
they may not be seen;
23.
Any outdoor storage of items, including, but not limited to,
tools, equipment, machinery, non-working automobiles, parts of derelict
cars or trucks, household appliances and broken furniture.
24.
Combustible and non-combustible waste materials, except garbage.
This includes residue from burning wood, coal, coke and other combustible
materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather,
tree branches, yard trimmings, tin cans, metals, mineral matter, glass,
crockery, dust and other similar items and furniture and appliances
originally manufactured for outdoor use being used in an outdoor setting.
C.
Summary Abatement Of Nuisances.
1.
Procedure. Whenever a complaint is made to the Building Inspector of the existence of a public nuisance, as defined in Subsections (A) and (B) of this Section, the Building Inspector shall promptly cause to be inspected the property on which it is alleged that such public nuisance exists. Upon the discovery of a public nuisance, the inspecting officer may order the owner or other person creating, keeping, maintaining or permitting the same to abate it. Should the inspecting officer find that a public nuisance exists, and that the public health, welfare or safety may be in immediate danger, then summary abatement procedures shall be implemented and the inspecting official or department may cause the nuisance to be removed or abated. Summary abatement costs shall be certified by the City Clerk and assigned to the annual real estate tax bill for the property.
2.
Notice. When summary abatement is authorized, notice to the
owner, agent or occupant of the property is not required. Following
summary abatement, the Building Inspector shall cause to be posted
on the property liable for the abatement a notice describing the action
taken to abate the nuisance.
D.
Abatement Of Nuisances In Other Cases.
1.
Procedure. Upon the discovery of a public nuisance, as defined in Subsections (A) and (B) of this Section, the Building Inspector shall prepare a written report on the property on which the nuisance exists. The report may contain photographs and other relevant information and shall specifically state which public nuisances are determined and shall specifically cite which parts of Subsections (A) and (B) of the Section are being violated. Upon the determination by the Building Inspector of the existence of the nuisance, but the nature thereof is not to require summary abatement of the nuisance as defined in Subsections (C)(1) and (2), he/she may order abatement of the nuisance after the landowner has been given notice and an opportunity to be heard.
2.
Notice To Owners.
a.
Notice. The Building Inspector 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 by certified mail
or by posting a notice at the property location.
b.
Notice Contents. The aforesaid notice to the owners, if any,
of the property shall state clearly and concisely:
c.
Hearing. The hearing shall be before the Building Inspector
and shall occur seven (7) days from the date of the notice as set
forth herein.
d.
Abatement By Owner. Within seven (7) days after the posting
and/or mailing of a notice to abate a nuisance, the owner, or individual
in possession of the affected property shall remove and abate such
nuisance or show that actions for abating the nuisance have commenced.
Such showing shall be made by filing a written statement or other
proof of such actions with the Building Inspector.
e.
Adequacy Of Proof. The Building Inspector shall have discretion
over what actions are sufficient to constitute the commencement of
nuisance abatement. However, the Building Inspector shall be guided
by such factors as:
f.
Responsible Parties. Any person who is the record owner of the
premises, location or structure at the time an order pursuant to this
Chapter is issued and served upon him/her, shall be responsible for
complying with that order, and liable for any costs incurred by the
City therewith, notwithstanding the fact that he/she conveys his/her
interests in the property to another after such order was issued and
served.
E.
Issuance Of Municipal Summons. In addition to the provisions set forth in Subsection (D) herein, the City may issue a summons for the property owner to appear in Municipal Court to answer to any violation of this Section.
F.
Abatement By City. If, after a hearing in compliance with this Chapter
finds that the nuisance exists, the Building Inspector shall have
the authority to enter upon the property and abate the public nuisance
found thereon. In abating such nuisance, the Building Inspector may
go to whatever extent may be necessary to complete the abatement of
the public nuisance. If it is practicable to salvage any material
derived in the aforesaid abatement, the Building Inspector may sell
the salvaged material at private or public sale and shall keep an
accounting of the proceeds thereof.
G.
Proceeds From Sale Of Private Property. The proceeds, if any, obtained
from the sale of any material salvaged as a result of an abatement
of public nuisance by the Building Inspector shall be deposited to
the General Fund of the City and any deficit between the amount so
received and the cost of the abatement shall be filed with the City
Clerk. The City Clerk shall certify said costs and assess costs to
the annual real estate tax bill for the property. Should the proceeds
of the sale of the salvaged material exceed the cost of the abatement,
the surplus, if any, shall be paid to the owner of the property from
which the public nuisance was abated when a proper claim to the excess
is established.
H.
Authorized Action. In abating a public nuisance, the Building Inspector
may call upon any of the City departments or divisions for whatever
assistance shall be deemed necessary or may by private contract cause
the abatement of the public nuisance.
I.
Statement Of Costs. The Building Inspector shall, after completing
the removal and abatement, file a statement of costs with the City
Clerk. The City Clerk shall certify costs and assign costs to the
annual real estate tax bill for the property. In the event the County
Collector fails or refuses to place the abatement costs on the annual
real estate tax bill for the property, then the City Clerk is authorized
to file a separate lien against the property for the costs of removal
and abatement of the nuisance.
[Ord. No. 272 § 1, 2-6-2017]
A.
Procedure. The owners, lienholder and occupants of the property who have been served with a notice pursuant to Section 215.040 of this Chapter, and who do not submit sufficient proof of the commencement of such abatement actions to the Building Inspector not later than three (3) working days before the date scheduled for the hearing, may appear in person or by representative at a hearing with the Building Inspector scheduled on a date not sooner than thirty (30) days after the date of the notice letter.
B.
Hearing. The Building Inspector shall conduct a full and adequate
hearing upon the question of whether a public nuisance in fact exists.
The Building Inspector may amend or modify the notice, or extend the
time for compliance with the notice by the owner by such date as the
Building Inspector may determine.
C.
Evidence. The owners, lienholder and occupants of the property, or
their representative or agents, of the subject property shall be given
the opportunity to present evidence to the Building Inspector in the
course of the hearing.
D.
Order. Should the evidence support a finding that the structure or
condition constitutes a public nuisance, the Building Inspector shall
issue an order making specific findings of fact, based upon competent
and substantial evidence, which shows the structure or condition to
be a public nuisance and ordering the structure or condition be removed,
repaired or otherwise abated by the City.
E.
Additional Time. The Building Inspector, upon written application
by the owner at any time within the period after the notice has been
served, may grant additional time for the owner to effect the abatement
of the public nuisance, provided that such extension is limited to
a specific time period.
F.
Costs To Be Certified. The costs of performance of the abatement
order shall be certified to the City Clerk who shall cause a special
tax bill or assessment therefore against the property to be prepared
and collected by the City Collector. If the building or structure
is demolished, secured or repaired by a contractor pursuant to the
order issued by the Building Inspector, such contractor may file a
mechanic's lien against the property where the dangerous building
is located. The contractor may enforce this lien as provided by Missouri
State Law. Except as otherwise provided in this Chapter, at the request
of the taxpayer the tax bill may be paid in installments over a period
of not more than ten (10) years. The tax bill from date of its issuance
shall be deemed a personal debt against the property owners and shall
also be a lien on the property until paid.
G.
Appeal Procedures. The City Council shall be vested with appeal authority. Orders of abatement by the Building Inspector may be appealed to the City Council. Appeals must be filed with the City Clerk not later than ten (10) days after the issuance of the order described in Section 215.050(D) of this Chapter.
H.
City Council May Waive Costs. In those instances where the nuisance
has been abated by the City, the City Council shall have discretion
to waive the cost of abating a nuisance, in whole or in part, if,
in the course of the hearing reviewing the decision, the City Council
finds that any of the following did not conform to the provisions
of this Chapter.
I.
Finality Of Judgment. If the judgment of the City Council is not
appealed to the Circuit Court within thirty (30) days from the date
of delivery or mailing of notice, the judgment will be declared final
per Missouri Revised Statutes Chapter 536.
[Ord. No. 272 § 1, 2-6-2017; Ord.
No. 512, 6-5-2023]
A.
Procedure. Upon receipt of the statement of costs from the Building
Inspector, the City Clerk shall mail to the owners of the property
upon which the public nuisance has been abated notice of the amounts
set forth in the statement plus an additional amount sufficient to
defray the costs of the notice and stating that the City proposes
to assess against the property the amount set forth in the notice
and that objections to the proposed assessment must be made in writing
and received by the City Clerk within twenty (20) days from the date
of mailing such notice. Upon the expiration of the twenty (20) day
period, if no objections have been received by the City Clerk, the
City Clerk shall enter that amount in the City liens docket which
shall therefore constitute a lien against the property.
B.
Objections. If objections of either the property owner or their representative
are received by the City Clerk prior to the expiration of the twenty
(20) day period, the City Clerk shall refer the matter to the City
Building Inspector for administrative review.
C.
Administrative Review. Upon conclusion of administrative review,
the Building Inspector shall make a written determination that the
amount of the charges shall be canceled, reduced, or remain the same.
A copy of this determination shall be furnished to the person making
the objections together with a notice of such person's right
to appeal to the City Council within thirty (30) days.
D.
Absence Of Appeal. If no appeal of a determination by the Building Inspector is filed within the time period allowed, a copy of the determination will be furnished to the City Clerk who shall then enter a lien in the amount determined by the Building Inspector in the City liens docket as provided in Subsection (A).
E.
Filing Of Appeal. If a timely appeal is received by the City Council, a hearing shall be scheduled and held on the matter. If, after the hearing, the City Council determines that the proposed assessment does not comply with Subsection (G) herein, the City Council shall so certify to the City Clerk and the proposed assessment shall be canceled. If, after the hearing, it is determined that the proposed assessment or any part of it is proper and authorized, the City Council shall so certify to the City Clerk who shall enter a lien in such amount as determined appropriate by the City Council in the lien docket as provided in Subsection (G).
F.
Finality Of City Council. If the judgment of the City Council is
not appealed to the Circuit Court within thirty (30) days from the
date of the City Council's determination of the assessment, the
judgment will be declared final per Chapter 536, RSMo.
G.
Reducing Costs.
1.
Assessments. The Building Inspector, in administrative review,
or the City Council, on appeal, may reduce or cancel a proposed assessment
if it is determined that:
2.
The Building Inspector, in administrative review, or the City
Council, on appeal, may reduce a proposed assessment by eliminating
the civil penalty portion of the invoice if it is determined that:
a.
The current owner was not in possession of the property at the time the notice required by Section 215.050 was posted; or
b.
The owner did not receive the notice to remove the nuisance,
did not have knowledge of the nuisance and could not, with the exercise
of reasonable diligence, have had such knowledge.
H.
Claim Of Lack Of Notice. If, after a lien has been entered in the
docket of City liens, there is a written request of the owner who
alleges that the owner did not receive notice of the proposed assessment,
the City Clerk shall refer the matter for review pursuant to this
Section. The lien may be canceled or reduced by the Building Inspector,
in administrative review, or the City Council, on appeal, if it is
determined that the owner did not receive notice of the proposed assessment,
did not previously have knowledge of the lien or of the nuisance abatement
work constituting the basis of the lien, could not, in the exercise
of reasonable care or diligence, have had such knowledge, and in addition,
that the circumstances are such that a reduction or cancellation of
the charges would have been appropriate had the matter been reviewed
pursuant to this Section prior to assessment. Upon receipt of a certification
from the Building Inspector and/or City Council, the City Clerk shall
cancel or reduce the lien if required by the determination of the
Building Inspector and/or City Council. The individuals, firms or
corporations who are the owners of the property at the time at which
the notice under this Chapter is posted shall be personally liable
for the amount of the assessment including all interest, civil penalties,
and other charges.
I.
Overhead Charge, Civil Penalties.
1.
Whenever a nuisance is abated by the City, the City Clerk shall
keep an accurate account of all expenses incurred, including an overhead
charge of twenty-five percent (25%) for administration and a civil
penalty of two hundred dollars ($200.00) for each nuisance abated.
2.
When the City has abated a nuisance maintained by any owner of real property, for each subsequent nuisance that is abated by the City within two (2) consecutive calendar years concerning real property, owned by the same person, an additional civil penalty of fifty percent (50%), minimum of fifty dollars ($50.00), of the cost of abatement shall be added to the costs, charges and civil penalties provided for in Subsection (I)(1). The civil penalty shall be imposed without regard to whether the nuisances abated by the City involve the same real property or are of the same character.
