[Ord. No. 2773-19, 9-17-2019[1]]
The following, when found on any lot or property within the
City, including the area between the sidewalk and the curb of the
street, are declared to be a nuisance:
A.
Debris of any kind, including any trash or rubbish;
B.
Parts of dead trees, including dead branches, limbs, or loose stumps
(leaf piles should be removed in a timely manner);
C.
Overgrown bushes and other plantings;
D.
Grass or weeds over seven (7) inches tall;
E.
Bottles, cans, cardboard, newspaper, styrofoam, magazines, cartons,
indoor carpet, boxes, glass, jars, or other containers;
F.
Any type of vehicle or equipment which is non-operational;
G.
Storage of building materials are limited to those anticipated to
be used pursuant to an active building permit;
H.
Rocks, bricks, tin, steel, plastic parts, scrap metal, pallets, tires
and tire rims;
I.
Parts of cars, trucks or other machinery;
J.
Piles of wood for burning shall be limited in size to six (6) feet
by twenty-five (25) feet;
K.
Furniture designed for indoor use and broken furniture designed for
outdoor use;
L.
Batteries, electrical devices not designed for outdoor use, computers,
machine parts, toys designed for indoor use, toys which are not waterproof;
M.
Bedding, including mattresses;
N.
Appliances, including refrigerators, stoves, ovens, microwaves, washers,
dryers or other appliances must be located indoors;
O.
Any flammable material which may endanger public safety;
P.
Any material or condition which is unhealthy or unsafe, including
any dead animals or conditions that cause dense smoke, fumes or vapors;
Q.
Buildings which are unoccupied and which have open doors, windows,
or other openings through which people or the elements may enter the
dwelling;
R.
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;
S.
Stagnant Pools — Discharge Of Water Or Liquid. All ponds or
pools of stagnant water, and all foul or dirty water or liquid when
discharged through any drain pipe, spout or otherwise upon any street,
alley or thoroughfare or private lot, to the injury or annoyance of
the public, is hereby declared to be a nuisance.
[1]
Editor's Note: This ordinance repealed former Ch. 215,
Nuisances, adopted or amended CC 1984 §§ 61.510, 61.520,
61.560, 61.570, 65.010, 65.020, 65.030, 65.040, 74.010, 74.040, 74.060,
74.090, 74.100, 74.120, 74.130, 74.150, and as further amended.
[Ord. No. 2773-19, 9-17-2019]
A.
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.
[Ord. No. 2773-19, 9-17-2019]
Enforcement of this Article shall be the responsibility of persons
designated by the City.
[Ord. No. 2773-19, 9-17-2019]
A.
Enforcement in all cases shall commence by providing notice to the
owner(s) and occupants of the property as follows:
1.
In each case, notice shall be provided to the owner(s) of the
property either by personal service or by first class mail addressed
to the owner(s) at the last known address. Absent any knowledge to
the contrary, the last known address will be presumed to be the address
on file with the County Assessor.
2.
In each case, notice shall be provided to the occupants of the
property by personal service or by first class mail addressed to the
property.
3.
In each case in addition to service to the owners and occupants,
a copy of the notice shall be posted at a conspicuous place on the
property.
[Ord. No. 2773-19, 9-17-2019]
A.
For all nuisances, the notice shall:
1.
Describe generally the nature of the nuisance; and
2.
The location of the property using the mailing address or popular
address rather than a legal description when reasonably possible to
do so; and
3.
Identify the action(s) which must be taken to remedy the violation;
and
4.
Inform the recipients that they have ten (10) days from the
date of receipt to remedy the violation; and
B.
The notice shall also set a hearing date on the matter on a date
after the date that the notice was to be abated if the recipients
wish to appeal.
[Ord. No. 2773-19, 9-17-2019]
A.
Should the person so notified fail to remove, terminate or abate
such nuisance within the time specified, the scheduled hearing shall
take place.
B.
Such hearing shall be before the City Administrator (or his/her designee)
be under oath, which shall be administered by the City 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 City Administrator finds a nuisance
is being maintained in violation of this Chapter, he/she shall order
the nuisance abated within a reasonable time, but not less than five
(5) days. 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.
C.
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. The
enforcement officer may grant multiple extensions, but no one (1)
extension shall be more than thirty (30) days.
[Ord. No. 2773-19, 9-17-2019]
A.
If the nuisance presents an immediate threat to the health or safety
of the public such that there is not sufficient time for the notice
provided in this Article, then the enforcement officer shall:
1.
Give as much notice as is possible as is provided herein, informing
the recipients of the notice that the time period for a response has
been shortened and citing the specific reason for reducing the notice;
and
2.
After providing such notice and opportunity to correct as is
possible, the enforcement officer, with the consent of the City Administrator,
may take such action as is necessary to eliminate the immediate threat
to public health or safety. The enforcement officer shall take no
more action than is required to remove the immediate threat.
3.
Following the action to eliminate the immediate threat, those persons entitled to notice may request a hearing in the manner provided by Section 215.030, or the enforcement officer may schedule such a hearing on his own.
4.
The costs for abatement may not be imposed unless at such a
hearing it is found that the actions of the enforcement officer were
reasonable under the circumstances based on the facts known at the
time or which could have been known at the time by reasonable inquiry.
In no event may the costs of abatement be imposed under this Section
against any party who did not receive notice prior to the abatement
action.
[Ord. No. 2773-19, 9-17-2019]
A.
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.
B.
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 City Clerk, with a copy to the County Collector,
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.
[Ord. No. 2773-19, 9-17-2019]
In addition to any other remedy the City Attorney, upon the
direction of the City Administrator, may pursue a personal judgment
against the owners or occupiers of the property for the certified
costs of abatement, as defined in this Chapter.
[Ord. No. 2773-19, 9-17-2019]
[Ord. No. 2773-19, 9-17-2019]
[Ord. No. 2773-19, 9-17-2019]
A.
Open burning and outdoor burning shall be considered a nuisance in
the City of Camdenton unless the burning is specifically allowed by
this Section.
B.
Burning of any items other than those specifically allowed by this
Section is prohibited.
C.
Open burning of a small amount of natural yard waste (small trees,
limbs, brush, tree leaves, grass clippings, other vegetation) is allowed
only in accordance with all of the following provisions:
1.
A burn notification must be obtained prior to open burning under Section 215.085(C). The individual conducting any open burning must contact the City of Camdenton burn notification phone line on the day of the planned burn. This burn notification is good for that day only, and the fire must be extinguished by dark. Notification does not relieve the person of the responsibility to comply with the rules and regulations by other State or Federal agencies.
[Ord. No. 2786-20, 1-21-2020]
2.
Open burning is not intended for the burning from land clearing,
large piles of natural debris, or of tree or stump piles. Additional
State and/or Federal rules and regulations apply to land clearing.
3.
No flammable liquid may be used to start or maintain the fire.
4.
Open burning must be at least twenty-five (25) feet away from
all structures or combustible material, propane tanks or overhead
wires.
5.
All allowed open burning shall be conducted in a safe, nuisance-free
manner, when wind and weather conditions minimize adverse effects
and do not create a health hazard or a visibility hazard on roadways.
Open burning shall be conducted in conformance with adopted fire codes.
6.
Open burning shall be conducted only on the property on which
the materials were generated and must remain on the property of the
person doing the open burn.
7.
Campfires and other fires used solely for recreational purposes,
ceremonial occasions or for outdoor non-commercial preparation of
food are allowed, provided they do not cause a nuisance. Fires shall
include only vegetative woody materials or untreated wood products,
and all other requirements of this Section apply to include contacting
the City of Camdenton burn notification phone line.
8.
Portable outdoor fireplaces used at one- and two-family dwellings
shall be used in accordance with the manufacturer's instructions
and shall not be operated within five (5) feet of a structure or combustible
material.
9.
Open burning shall be constantly attended and supervised by
a competent person of at least eighteen (18) years of age until the
fire is fully extinguished and is cold. The person shall have a water
source readily available (i.e., garden hose with water) or use such
fire-extinguishing equipment as may be necessary for the total control
of the fire.
10.
No materials may be burned upon any street, curb, gutter or
sidewalk.
D.
A person utilizing or maintaining any outdoor fire which necessitates
control and/or extinguishment by the Camdenton Fire Department or
any other fire department shall be responsible for all fire-suppression
costs and any other liability resulting from damage caused by the
fire.
E.
A Fire Department Official or any authorized City Officer who presents
credentials may inspect any property where open burning is being conducted
for the purpose of ascertaining compliance with the provisions of
this Section. If violations or unsafe conditions are observed, the
individual(s) will be asked to extinguish the fire immediately.
F.
This Section may be enforced by any City Police Officer or Fire Department
Official who is duly sworn to act.
[Ord. No. 2773-19, 9-17-2019]
No person shall suffer or allow any putrid or unwholesome meats
or fish, decayed fruits or vegetables, refuse, offal, excrement, or
other filthy or offensive substance or thing, to be or remain on or
in any house, building, lot, or premises owned or occupied by him/her
or under his/her charge or control.
[Ord. No. 2773-19, 9-17-2019]
No owner, occupant, or other person in charge of any house,
building, lot, or premises shall place, leave, or deposit, or cause
to be placed, left, or deposited, or suffer or allow to remain in
or upon any sidewalk, curbing, or guttering, in front or alongside
thereof, any empty boxes, barrels, kegs, crates, boards, broken ware,
glass, filth, ashes, cinders, slops, excrement, sawdust, straw, soot,
sticks, shavings, oyster shells, bones, cans, paper, trash, rubbish,
refuse, offal, manure, putrid fish, meat, entrails, decayed fruits
or vegetables, rags, old iron or metal of any kind, old wearing apparel,
any animal or vegetable matter, or any offensive substance whatever.
[Ord. No. 2773-19, 9-17-2019]
Noxious odors shall be prohibited, including garbage, rendering,
or other product or substance, creating or generating noisome, disagreeable,
or unwholesome smells, odors, or gaseous vapors.
[Ord. No. 2773-19, 9-17-2019]
No person, firm, or corporation shall locate, set up, run, maintain,
or operate within the City of Camdenton, within one thousand (1,000)
feet of any store, residence, or dwelling house, any railroad asphalt
plant, asphalt-mixing plant, or other plant which emits or gives out
dust, foul, noxious, unhealthful, or disagreeable odor, and the location,
setting up, running, maintaining, or operating any such plant as aforesaid
within one thousand (1,000) feet of any store, residence, or dwelling
house, is hereby declared to be a nuisance.
[Ord. No. 2773-19, 9-17-2019]
No person shall wash or clean, or cause to be washed or cleaned,
vehicle, equipment or other items in or upon any other place so near
any such street, avenue, alley, sidewalk, or park, that the water,
dirt, mud, or dust therefrom, runs, flows, or is blown in or upon
any such street, avenue, alley, sidewalk, or park.
[Ord. No. 2773-19, 9-17-2019]
[Ord. No. 2773-19, 9-17-2019]
No officer, agent or employee of the City of Camdenton shall
be personally liable for any damage that may occur to any persons
or property as a result of any act required of him or permitted to
be taken by him under the terms of this Article. Any suit brought
against any such officer, agent or employee of the City as a result
of any such acts required or permitted shall be defended by the City
until the final determination of the proceedings, and if judgment
shall be obtained it shall be paid by the City of Camdenton. It is
hereby further declared that no officer, agent or employee of the
City of Camdenton owes any duty under the provisions of this Chapter
to any citizen or other individual but that the duties prescribed
herein and imposed upon officers, agents or employees of the City
are duties to be performed for the government of said City.
