A.
The
following, when found on any lot or property within the Village, including
the area between the sidewalk and the curb of the street, are declared
to be a nuisance:
1.
Debris of any kind;
2.
Weed cuttings;
3.
Cut, fallen, or hazardous trees and shrubs;
4.
Grass or weeds over twelve (12) inches tall;
5.
Noxious weeds;
6.
Rubbish and trash;
7.
Lumber not piled or stacked twelve (12) inches off the ground;
8.
Rocks or bricks, tin, steel;
9.
Parts of derelict cars or trucks;
10.
Broken furniture;
11.
Any flammable material which may endanger public safety;
12.
Any material or condition which is unhealthy or unsafe and declared
to be a public nuisance;
13.
Garbage, trash, cinders, refuse matter;
14.
Buildings which are unoccupied and which have open doors, windows,
or other openings through which people or the elements may enter the
dwelling;
15.
Any partially dismantled, wrecked, junked, discarded or otherwise
non-operating motor vehicle to remain on such property longer than
ten (10) days; except that this Section shall not apply with regard
to any vehicle in an enclosed building or so located upon the premises
as not to be readily visible from any public place or from any surrounding
private property. This Section shall further not apply with regard
to any vehicle on the premises of a business enterprise operated in
a lawful place, not in a residential district, when the keeping or
maintenance of such vehicle is necessary to the operation of such
business enterprise.
No person owning, leasing, occupying or having charge of any
premises shall maintain or keep any nuisance thereon, nor shall any
such person keep or maintain such premises in a manner causing substantial
diminution in the value of the other property in the neighborhood
in which such premises is located.
A.
Enforcement
of this Chapter shall be the responsibility of the Village Administrator,
or other official designated by the Board of Trustees. Enforcement
in all cases shall commence by providing notice to the owner of the
property of the nuisance condition existing on his/her/its property.
The notice shall be delivered by personal service, or by certified
mail, with a copy being posted on the property. If personal service
or service by certified mail cannot be accomplished, the notice may
be served by publication according to the rules of civil procedure.
B.
For
all nuisances, the notice shall describe generally the nature of the
nuisance, the location of the property using the mailing address or
popular address rather than a legal description when reasonably possible
to do so, and order the property owner to, within a period of ten
(10) days from the receipt of the notice, abate the nuisance. The
notice shall also set a hearing date on the matter on a date after
the date that the notice was to be abated.
C.
Hearing.
Should the person so notified fail to remove, terminate or abate such
nuisance within the time specified, the scheduled hearing shall take
place. Such hearing shall be before the Village Administrator (or
his/her designee) be under oath, which shall be administered by the
Village Administrator, recorded, and all such parties shall have an
opportunity to be heard and present evidence as to whether the procedures
of this Chapter were substantially complied with, whether the condition
maintained on the property constitutes a nuisance and whether an order
should be entered directing the owner and/or occupant to abate the
nuisance. After hearing all evidence, if the Village Administrator
finds a nuisance is being maintained in violation of this Chapter,
he/she may order the nuisance abated within a reasonable time. The
order shall be in writing, specifying the grounds for the order and
the time that the nuisance must be abated and either provided at the
conclusion of the hearing or served on the appellant in the manner
provided for notices, above.
If the nuisance is not abated by the property owner or resident
within the time designated by the order, the enforcement officer shall
cause the same to be abated. The Enforcement Official shall certify
the cost of any abatement(s) performed under this Section, plus an
administrative fee of twenty-five dollars ($25.00) to the Village
Clerk or other officer in charge of finance who shall cause the certified
cost to be included in a special tax or added to the annual real estate
tax bill at the collecting official's option, and the same shall be
collected in the same manner and procedure as for collecting real
estate taxes. The Enforcement Officer may extend the time during which
the nuisance must be abated for up to thirty (30) days upon a showing
that the property owner is working in good faith to abate the nuisance
or upon a showing that the nuisance cannot be abated in ten (10) days.
The Enforcement Officer may grant multiple extensions, but no one
extension shall be more than thirty (30) days.
[Ord. No. 139, 4-13-2021]
A.
The
Board of Trustees has enacted this Article for the purpose of protecting
the health and safety of the inhabitants of the Village.
B.
The
Board finds that there are significant differences between mobile
homes, manufactured homes, and recreational vehicles which warrant
treating these various types of residential vehicles in different
ways.
C.
The
Board finds that mobile homes, as defined in this Article are detrimental
to the safety and health of the residents of the Village due to the
lower safety standards, compared with manufactured homes. However,
the Board finds that the property interests of those with existing
mobile homes and the fact that mobile homes are currently occupied
warrants phasing such residential vehicles out rather than imposing
an immediate prohibition.
D.
The
Board finds that recreational vehicles, while suitable for short term
occupancy are not appropriate for long term occupation within the
Village due to design limitations and the lack of appropriate utilities
for such purposes.
[Ord. No. 139, 4-13-2021]
When used in this Article II of Chapter 215, the following words shall have the meanings set forth herein:
Any combination of the vehicles described in this Article,
which although not originally designed and not suitable for occupancy,
have been converted or modified to provide temporary, movable living
quarters containing facilities for cooking, sleeping, or sanitation.
A trailer or semi-trailer which is designed, constructed,
and equipped as a dwelling place, living abode, or sleeping place,
either permanently or temporarily, and is equipped as a conveyance
on streets or highways.
Means, for all purposes except floodplain regulations, a
transportable, factory-built structure that is manufactured in accordance
with the Federal Manufactured Housing Construction and Safety Standards
Act of 1974 (42 U.S.C. Sec. 5401) and that is designed to be used
as a permanent single dwelling unit. This definition does not include
a recreational vehicle or travel trailer or other similar vehicles
and does not include a mobile home.
A transportable, factory-built structure that is designed
to be used as a single dwelling unit that was manufactured before
1976 or otherwise does not comply with the construction standards
in the Federal Manufactured Housing Constructjon and Safety Standards
Act of 1974 (421 J.S.C. Sec. 5401). This definition does not include
a recreational vehicle or travel trailer or other similar vehicles
nor does it include manufactured homes.
A vehicular type unit built on or for use on a chassis and
designed primarily as living quarters for recreational, camping, vacation,
or travel use, and which has its own motor power or is mounted on
or drawn by another vehicle.
Any recreational conveyance, house trailer, trailer, and
converted vehicle. The term "recreational vehicle" shall not include
buses or trailers unless converted to that use.
A recreational vehicle, mobile home, or manufactured home,
but does not include modular homes or buildings constructed on-site.
The term residential vehicle also includes slide-in campers, shells,
and truck caps when used for residential purposes.
Those items structured and designed to be mounted temporarily
or permanently in the bed of a pickup or light truck, to provide enclosed
storage space for transportation of property or quarters for recreational,
camping, vacation, or travel use. When mounted, the entire unit, consisting
of the pickup or light truck, and the slide-in camper, shell, or truck
cap constitutes a recreational vehicle. When dismounted, the slide-in
camper, shell, or truck cap becomes an item of recreational equipment.
Any vehicle without motor power designed to carry property
or passengers wholly on its own structure and to be drawn by a motor
vehicle.
[Ord. No. 139, 4-13-2021]
Any residential vehicle which is not in compliance with this
Article is declared to be a nuisance.
[Ord. No. 139, 4-13-2021]
No person may place or maintain a mobile home within the Village
after February 1, 2021. Mobile homes in the Village before February
1, 2021, may remain at their present locations but may not be relocated
within the Village.
[Ord. No. 139, 4-13-2021]
A.
Manufactured
homes are permitted in the Village, provided that manufactured homes
brought into the Village after February 1, 2021, must be inspected
after placement and meet existing Building Codes prior to occupancy.
B.
In
lieu of an inspection, the owner of a manufactured home may submit
proof that the manufactured home bears the seal of the Public Service
Commission or the U.S. Department of Housing and Urban Development,
as required by Section 700.035, RSMo., affixed to the manufactured
home.
[Ord. No. 139, 4-13-2021]
A.
Recreational
vehicles may not be used for residential occupation for a period of
more than seven (7) days in any sixty (60) day period. There shall
be a rebuttable presumption that any recreational vehicle connected
to public utilities is being used for residential occupation while
so connected.
B.
Recreational
vehicles may not be connected to any public utilities unless that
connection meets all current Village Codes. Nothing in this Section
shall be interpreted to require an internal inspection of the residential
vehicle.
C.
Recreational
vehicles may not be parked on any Village street or any State or County
road or within ten feet (10) feet of the edge of the pavement of any
such street or road.
