[Ord. No. 2.000, 11-2-1981; Ord. No. 2.600 § 1, 1-14-1991]
No person shall permit, cause, keep, maintain, or do any nuisance, as defined by the laws of the State, or ordinances of the City within the City limits of the City of Greenwood, Missouri.
No owner, occupant or person in charge of any house, building, lot or premises shall cause or allow any nuisance to be or remain in or upon any such house, building, lot or premises.
[Ord. No. 2006-06-26-01 § 1, 6-26-2006]
It shall be unlawful for any individual to play any radio, television or any device made to play cassettes, records, compact disc, audio and/or video tapes, loud speaker or any similar device so that it emits a sound that can be heard one hundred (100) feet or more from the device. This includes any of the aforementioned devices that are mounted in motor vehicles, boats, trucks, bicycles, carried on one's person or placed in a building, to include private residences, apartments, places of business and similar structures.
A public safety officer may issue a uniform traffic ticket (UTT) to the individual responsible for any such device emitting sound in violation of Subsection (A) above including the driver of a motor vehicle or the first registered owner of the vehicle, the owner of the record or a resident of a residence or apartment, the proprietor of a business or the person who is in physical control of any such device.
In the event that any such device is located in a motor vehicle, boat, bicycle, ATV or other means of conveyance and the owner or operator cannot be located or denies ownership, a public safety officer may tow the motor vehicle, boat, bicycle, ATV or other means of conveyance at the owner's expense.
A public safety officer may seize any motor vehicle, boat, truck, bicycle or any other device and have same towed and stored, at the owner's expense, for a period not to exceed seventy-two (72) hours, and which was used in violation of the noise disturbance ordinance by any individual who previously has been convicted, pled guilty or who has a noise disturbance charge pending.
This Section shall not apply to licensed carnivals, religious services, rodeos, noise emitted by machinery during its normal operation, emergency vehicles or noise emitted under similar circumstances, school district activities, activities associated with business or commercial locations in an appropriately zoned district where the activities are inside the structure.
Permits Authorized. Any individual, business and organization may apply for a permit that will allow for an outside event where noise generated may otherwise be in violation of this Section. The office of the City Clerk or his designee in his or her discretion may issue such permit. Such permit shall identify the applicant and duration of the event. No fee shall be charged for any such permit.
[Ord. No. 2.000, 11-2-1981; Ord. No. 2.600 § 2, 1-14-1991; Ord. No. 2.600-A § 1(F), 2-4-1991; Ord. No. 2011-10-25-07 § 1, 10-25-2011]
The following are declared to be nuisances:
All substances which emit or cause any foul, noxious, unhealthy or disagreeable odor in the neighborhood where they exist.
All carcasses of animals remaining exposed one (1) hour after death.
All slaughterhouses, pens, processing plants, packing houses, stables or barns which emit or cause an offensive, disagreeable or noxious smell or odor or which are kept in such a condition as to be offensive, annoying or disagreeable to anyone.
All slop, foul or dirty water, liquor or beer washings, all filth or refuse discharged through drains or spouts or otherwise thrown or deposited in or upon any street, sidewalk, alley, lot, park, public square, public enclosure or any pond or pool of water.
All signs projecting from any house, building or other structure over or upon any street, sidewalk or alley, and any hanging signs, ropes, network or other advertising device stretched over or across any street or sidewalk, contrary to the ordinances of the City.
All ashes, cinders, slops, filth, excrement, sawdust, stones, rocks, dirt, straw, soot, sticks, shavings, cans, dust, paper, trash, rubbish, manure, refuse, wastewater, chamber lye, fish, putrid meat, entrails, decayed fruit or vegetables, broken ware, rags, iron or other metal, old wearing apparel, all animal or vegetable matter, all dead animals, or any other offensive or disagreeable substance or thing thrown, left or deposited or caused to be thrown, left or deposited by anyone in or upon any street, avenue, alley sidewalk, park, public square, public enclosure, lot, whether vacant or occupied, stream, pond or pool of water.
Any wrecked, damaged, demolished or disabled vehicle or portion thereof left or permitted to remain upon any property for a period in excess of thirty (30) days, and which may be an attractive nuisance to children and constitute a danger; or, where weeds, grass and other vegetation is allowed to grow in and around such vehicle; or, where such vehicle, or portion or part thereof, may create or is a fire hazard; or, where such vehicle, or such portion or part thereof, may afford a harborage place or breeding place for mosquitoes, flies, rodents, rats and other vermin.
The parking of any motor vehicles on sidewalks and the service or repair of motor vehicles, other than those belonging to the owner, lessee or tenant, upon residential premises or upon adjacent public right of way.
All boxes, barrels, kegs, crates, boards, or wood, wagons, buggies, engines, machinery, automobiles or parts thereof, tombstones, marble or granite stones or piles of dirt, stone or brick left or deposited by anyone in or upon any sidewalk, curbstone, gutter, or on any street, alley, or avenue, or in front or along the side of any building, except as permitted by the ordinances of the City or except while the owner or occupant of the adjacent premises is engaged in the loading or unloading or unpacking of any such goods, wares or merchandise, as may be permitted by the ordinances of the City.
The maintenance or use of any public or private premises where fowls or any animals are kept, trained, or used to fight upon exhibition, or for sport, or upon any wager.
The maintenance or presence of any tree or shrub infected with any contagious tree or plant disease which may constitute a hazard to or result in damage or destruction of other trees or shrubs in the City.
The maintenance by an owner or occupier of any lot, place or area within the City, or the agent of such owner or occupier, of any premises or upon any sidewalk abutting such premises, of weeds, grass or deleterious, unhealthful growth, or other noxious matter, that may be growing, lying or located thereon.
The production or maintenance of unnecessary or unusual noise within the City which either annoys, injures or endangers the comfort, repose, health or safety of others.
All vegetation, accessory structures, vehicles (of whatever type), trailers, boats, or other object which are allowed to exist (except momentarily) in such a way as to obstruct the reasonable and safe view by motor vehicle drivers upon the streets, alleys, or public drive of the City, of oncoming and intersecting traffic and pedestrians.
All articles or things whatsoever caused, kept, maintained, or permitted by any person to the injury, inconvenience or annoyance to the public.
All pursuits followed or engaged in or acts done by any person to the injury, annoyance or inconvenience of the public.
All establishments emitting or causing an offensive, disagreeable, noxious or toxic dust, vapor, fume, mist or odor.
All rank and noxious weeds, plants and all vegetation which exhales unpleasant or noxious odors, or transmits pollen into the air at any state of maturity, and which exceeds twelve (12) inches in height; also all vegetation, regardless of height, including thickets, which conceals or invites filthy deposits, or which harbors rodents, refuse or vermin, and all poison ivy, poison oak and poison sumac at any height or stage of maturity.
The practice of going in and upon private residences, business establishments or offices in the City of Greenwood, Missouri, by solicitors, peddlers, hawkers, itinerant merchants, and transient vendors of merchandise, not having been requested or invited so to do by the owner or owners, occupant or occupants, of said private residences, business establishments, or offices for the purposes of soliciting orders for the sale of goods, wares and merchandise, and/or for the purpose of disposing of and/or peddling or hawking the same; provided that the provisions of this Subsection shall not apply to persons employed by or representing any established merchant business, firm or corporation located and regularly doing business in the City of Greenwood, Missouri, and who has purchased a merchant's license from the City of Greenwood, Jackson County, Missouri, or to permanently established residents who are voters in the City of Greenwood, Missouri, and are duly licensed as merchants.
Whenever any nuisance exists in violation of this Chapter, the owner of the ground, or in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof, shall be liable. The Board of Aldermen or other City Official as designated by the Board of Aldermen 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 Board of Aldermen or other designated City Official may declare the existence of a nuisance and order the same to be abated within five (5) days; and in case the nuisance is not abated within the five (5) days, the Chief of Police or other designated City Official shall abate said nuisance and shall certify the costs of same to the City Clerk, who 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 1st 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. (RSMo. § 71.285)
[Ord. No. 2.000, 11-2-1981; Ord. No. 2.600 § 4, 1-14-1991]
In cases where it reasonably appears that the nuisance identified by the authorized City Official presents an immediate danger to the health, life or safety of any person unless it is abated, the City Official shall report such condition and facts to the Board of Aldermen who may cause the immediate abatement of such nuisance, after notification to the owner of said property. The costs of such abatement shall be assessed against such property and constitute a lien as described in Section 215.030 above.
[Ord. No. 2.000, 11-2-1981; Ord. No. 2.600 § 5, 1-14-1991]
No City Officer or Official shall render himself/herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his/her duties under this Chapter.
[Ord. No. 2.000, 11-2-1981; Ord. No. 2.600 § 8, 1-14-1991]
It is the intention of this Chapter to provide a prompt method for abatement of nuisances by non-judicial means, without penalty, as well as to punish violators for contumacious refusals to abate such nuisances as may be determined by the City to exist. Any person violating the provisions of this Chapter by refusal to obey a directive of the authorized City Official to abate a nuisance, necessitating abatement by the City itself, shall be, in addition to having the costs of such abatement assessed against his/her property as a lien, upon conviction in Municipal Court, adjudged guilty of a misdemeanor and punished according to Section 100.050 of this Code.
[Ord. No. 2007-07-30-08, § 1, 7-30-2007]
Authority. This Section is enacted pursuant to Section 67.398, RSMo.
Conditions Causing Nuisances. Any condition on any lot or land that has the presence of a nuisance including, but not limited to, debris of any kind, weed cuttings, cut, fallen or hazardous trees and shrubs, overgrown vegetation and noxious weeds which are twelve (12) inches or more in height, rubbish and trash, lumber not piled or stacked twelve (12) inches off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, any flammable material which may endanger public safety or material or condition which is unhealthy or unsafe and declared to be a public nuisance.
Notice Required. The Code Enforcement Official shall give written notice to the owner of the property and, if the property is not owner-occupied, also to any occupant of the property by personal service or by first class mail to both the occupant of the property at the property address and the owner at the last known address of the owner, if not the same. If notice cannot be given as described in the preceding sentence, then the building official may post such notice on or about the premises described in the notice.
[Ord. No. 2016-2915 § 2, 9-30-2016]
Notice Contents. Such notice shall, at a minimum:
[Ord. No. 2016-2915 § 2, 9-30-2016]
Declare that a public nuisance exists;
Specifically describe each condition of the lot or land declared to be a public nuisance;
Identify what action will remedy the public nuisance;
Order the removal or abatement of such condition not less than ten (10) days from the date of receipt of such notice or the date of posting, as the case may be;
Describe the location of the property (using the street address rather than a metes and bounds legal description when reasonably possible to do so);
State that if the owner or occupant, as the case may be, fails to begin removing the nuisance within the time allowed, the Code Enforcement Official may cause the condition which constitutes the nuisance to be removed or abated and that the cost of such abatement may be included in a special tax bill or added to the annual real estate tax bill for the property; and
State that if the owner or occupant of the property fails to begin removing the nuisance within the time allowed, or upon failure to pursue the removal of such nuisance without unnecessary delay, such owner or occupant may be cited in Municipal Court for violating this Section and shall, upon conviction in Municipal Court, be subject to punishment pursuant to Section 100.220(E) of the City Code of the City of Greenwood, Missouri.
Abatement Authorized. If the owner or occupant, as the case may be, of such property fails to begin removing or abating the nuisance within the time allowed, the Code Enforcement Official may cause the condition which constitutes the nuisance to be removed or abated.
[Ord. No. 2016-2915 § 2, 9-30-2016]
Costs To Be Recouped. If the Code Enforcement Official causes such condition to be removed or abated, the cost of such removal or abatement (which may include fees for the City's costs in administering this Section) shall be certified to the City Clerk along with the proof of notice to the owner of the property. The City Clerk shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, at the collecting official's option, for the property and the certified cost shall be collected by the official collecting taxes in the same manner and procedure for collecting real estate taxes. If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property from the date the tax bill is delinquent until paid.
Penalty. If the owner and/or occupant fails to begin removing or abating the nuisance within the time allowed, such person may be cited in Municipal Court for violating this Section and shall, upon conviction in Municipal Court, be subject to punishment pursuant to Section 100.220(E) of the City Code of the City of Greenwood, Missouri. Each day that a violation continues shall constitute a separate and distinct offense. All penalties are in addition to assessed costs of removal/abatement.