Chapter 68 – Nuisances

(ORD # 2-97)

 

Chapter 68–Nuisances

 

68.010.    Nuisances prohibited.  No person, firm, corporation, entity, or others including owners, occupants, and those in charge of any  house, structure, building, lot, premises or other property within the city limits of Holden or within one-half mile thereof, shall permit, cause, commit or permit to be committed, keep, maintain, or fail to abate any nuisance as defined by the laws of this state or the ordinances of the City of Holden, Missouri, in or upon any house, structure, building, lot, premises, or other property within the City of Holden, Missouri or within one-half mile thereof.

 

(ORD. # 07-05) Nothing in this ordinance shall interpreted in a manner which prohibit the City of Holden from operating its Municipal Wastewater Treatment Plant within the corporate limits of the City or prohibit the City of Holden from applying their municipal sludge in a land application as permitted by Missouri Department of Natural Resources.

 

68.020.    Nuisances, defined.  The following are hereby defined, deemed, and declared to be nuisances for the purposes of this chapter and enforcement of its provisions;

 

  1. All substances which emit or cause foul, obnoxious, unhealthy, or disagreeable odor or effluvia.

 

  1. All carcasses of animals remaining exposed for twelve hours after death.

 

  1. Every meat shop, stable or barn or other building of any kind whatever, which emits or causes any offensive, disagreeable or nauseous smell or odor.

 

  1. All slop, foul or dirty water, filth, refuse, offal, discharged or allowed to accumulate in or upon any street, sidewalk, alley, pond, pool, or other place.

 

  1. Any organic or inorganic material that emit or cause an offensive smell or odor.

 

  1. All articles or things whatsoever, caused, kept, maintained or permitted by any person to the injury, damage, inconvenience or annoyance of the public or the general public welfare and good order.

 

  1. All pursuits followed or engaged in or acts done by any person or persons to the injury, annoyance, damage, danger, or inconvenience of the public.
  2. All ashes, cinders, slop, filth, excrement, sawdust, stones, rocks, dust, straw, sticks, shavings, bones, cans, paper, trash, rubbish, manure, refuse, offal, wastewater, fish, putrid meats, entrials, decayed fruits or vegetables, broken ware, rags, old 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 or left deposited, by anyone in or upon any street, alley, sidewalk, pond, pool of water, or other place.
  3. Any and all substances, materials, articles, things or vehicles, caused, kept, maintained or permitted to remain on or in any property including parked vehicles which constitute an immediate hazard, inconvenience or annoyance to the public or the general public welfare.

 

  1. Any unlawful act, or omission of any duty, or allowing or permitting any condition or thing to be or exist, which act, omission, condition, or thing either;

 

  1. injures or endangers the comfort, repose, health, or safety of others; or

 

  1. offends the decency of a reasonable person; or

 

  1. is offensive to the senses of a reasonable person; or

 

  1. unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any public or private street, highway, sidewalk, stream, ditch, or drainage area; or

 

  1. in any way renders other persons insecure in life, safety, or use of property; or

 

  1. substantially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.

 

  1. Any condition which provides harborage for rats, mice, snakes, and/or other vermin.

 

  1. All unnecessary or unauthorized annoying noises and vibrations, including animal noises.

 

  1. All disagreeable or obnoxious odors and stenches as well as the conditions, substances, or other causes which give rise to the emission or generation of such odors and stenches.

 

  1. The pollution and the condition resulting in the pollution of any cistern, stream, lake, canal, body of water, or public well be sewage, dead animals. creamery, industrial waste, or other polluting substances.

 

  1. Any house, building, structure, or other place or location where any activity which constitutes a violation of local, state, or federal law is conducted, performed, permitted, or maintained.
  2. Any accumulation of stagnate water maintained or allowed to remain on any property.

 

  1. Dense smoke, noxious fumes, gas, or suet.

 

  1. Dead trees and dead limbs of trees located that the falling thereof would endanger the safety of persons using any public property including sidewalks in the city, or endanger the safety of any pedestrian or occupant of any motor vehicle traveling upon any public street, highway, or alley.
  2. Tree limbs and branches which overhang any public sidewalk or public street, highway, or alley of such height above sidewalk or street so as to impede and interfere with the use of the passage ways by any person or vehicle or which shall endanger the safety of any person using such passage way.

 

  1. Tree limbs, branches, bushes, or any other item located at an intersection which obstructs the view of the intersecting roadway for any driver lawfully stopped at such intersection.

 

(ORD. # 07-05) Nothing in the ordinance shall be interpreted in a manner which would prohibit the City of Holden from operating its Municipal Wastewater Treatment Plant within the corporate limits of the City or prohibit the City of Holden from applying their municipal sludge in a land application as permitted by Missouri Department of Natural Resources.

 

68.025     Authority to inspect.  The mayor, any police officer, or other authorized agent or employee of the city is hereby authorized to enter into or upon any premises, property, or structure in order to inspect for the existence of any nuisance.

 

68.030.    Nuisances Unlawful.   It shall be unlawful for any person, firm, corporation, or other entity to cause, permit, keep, commit, permit to be committed, maintain, or fail to abate any nuisance, and any person or entity violating any provisions of this chapter shall be guilty of a misdemeanor and for every day the nuisance shall remain shall constitute a distinct and separate offense.  No notice to abate any nuisance or administrative hearing shall be required as a prerequisite to the municipal prosecution and conviction of any person or entity violating any provisions of this chapter.

 

(ORD. # 07-05) Nothing in this ordinance shall be interpreted in a manner which would prohibit the City of Holden from operating its Municipal Wastewater Plant within the corporate limits of the City or prohibit the City of Holden from applying their municipal sludge in a land application as permitted by Missouri Department of Natural Resources.

 

68.040.    Notice and Non-Emergency Abatement of Nuisance; penalty.

 

  1. Whenever the Mayor or a police officer shall ascertain or have any knowledge that a nuisance exists in or upon any house, premises, property, or roadway within the City, or within one-half mile of the boundaries thereof, notice in writing shall be given to the person owning, occupying or having possession or control of such house, premises, or property that a nuisance exists and to abate or remove such nuisance, within a reasonable time to be stated in the notice.

 

  1. Any person notified as provided in the preceding section, who shall fail, neglect or refuse to comply with the notice within the time limit in such notice shall be deemed guilty of a misdemeanor, and every day thereafter that such person shall fail, neglect or refuse to abate or remove such nuisance he shall be deemed guilty of a separate offense and shall be proceeded against as in the first instance.
  2. If the owner or person occupying or having possession or control of any premises, building, or property upon which a nuisance is determined to exist in violation of this chapter, does not abate or remove the nuisance within the time stated in the notice to abate such nuisance, as provided for above, the City may enter in or upon such premises, building, or property and abate such nuisance. The cost and expense of such abatement by the City shall be delivered to the City Clerk and the City Clerk shall cause a special tax bill and shall be a lien on the property until paid.  A special tax bill shall not be issued against any property situated entirely outside of the city limits.

68.050.    Notice; Emergency Abatement; Owner or maintainer to pay cost; Appeal.

 

  1. Whenever the mayor of the City shall ascertain or have any knowledge that a nuisance exists and the nuisance is of such character as to pose an immediate and eminent threat to the public health, safety, or welfare, the mayor of the City shall have the authority to order the nuisance abated or removed at the owners expense.

 

  1. Within 24 hours of the abatement or removal of a nuisance under this section, the Mayor shall send notice of the nuisance’s emergency abatement or removal of the nuisance to the owner or maintainer thereof, indicating what was done with the nuisance, the reason for its removal or abatement, the cost of its removal or abatement, the storage location of the nuisance, and the cost of storage, if applicable.  The property abated or removed by authority of this section shall be deemed abandoned and shall be disposed of, either by sale or destruction, after thirty days unless the owner thereof contacts the City Clerk within ten days after the date of mailing the notice and arrangements are made to pickup the property.

 

  1. The owner or maintainer of the nuisance shall be taxed, by special tax assessment or tax lien, for the cost of emergency abatement or removal and storage of the nuisance but may appeal said special assessment or lien to the city council, by filing a notice of appeal to the city council, with the city clerk within 10 days of receipt of notice of the said abatement of removal.
  2. The city council may, after hearing and for good cause shown, waive all costs incurred in removing or storing the said nuisance.

 

68.055.    Method of Providing Notice.  All notices provided for in this chapter shall be given by personal service upon the person or entity to whom the notice is addressed if the person or entity resides or is located within the City, except as otherwise provided.  If such personal service is not obtained after reasonable effort has been made, or if the person or entity to be notified does not reside or is not located within the City, service shall be made upon the person or entity by mailing the notice by certified United States Mail return receipt requested, to the person or entity’s last known address or by posting such notice or the property, premises, or building in a conspicuous manner.  All notices served by mail or posting shall be deemed effectively served the date of mailing or posting.  All notices served as provided for in this section shall be deemed valid and sufficient notice.

 

 

 

 

 

 

68.060    Removal of snow and ice from sidewalks.  It shall be the duty of  all persons owning or occupying real estate in this City to remove all snow and ice on the sidewalk immediately in front of such property and to keep such sidewalks free and clear of snow and ice; and any such owner or occupant at any lot or parcel of ground in the City who shall refuse or neglect to remove the snow or ice on the sidewalk immediately in front of his lot or parcel of ground,

or allows the same to remain thereon, shall be deemed guilty of a misdemeanor and punished by a fine of not less than one dollar nor more than one hundred dollars.