City of pleasant hope missouri municipal code

Chapter 255 - Nuisances

Section 255.010: Public Nuisances

Pursuant to the provisions of Section 67.398 RSMo and all other applicable provisions of the Revised Statutes of Missouri, and City Ordinance 304 (2/16/2015) the following conditions are hereby declared to be Public Nuisances, subject to abatement as provided in the following Sections:
Sub Section A. Definitions.

1. 
   Debris shall include:
   

Debris of any kind;

1. 
   Weed cuttings;
   
2. 
   Cut, fallen or hazardous trees and shrubs;
   
3. 
   Overgrown vegetation and noxious weeds which are twelve (12) inches or more in height;
   
4. 
   Rubbish and trash of every type, whether located on or under the ground (except that located in an approved and licensed landfill), except that which is stored in hard plastic or metal, water-tight containers awaiting pickup for disposal by licensed trash disposal companies which are placed at curbside no more than twenty-four (24) hours before the expected time for pick up;
   
5. 
   Lumber not piled or stacked twelve (12) inches or more off of the ground;
   
6. 
   Rocks, fill dirt or bricks except those delivered and neatly stacked or stockpiled for use in connection with on-going or on-site new construction and/or repairs or improvements and which are actually used for that purpose within ninety (90) days of the date of delivery;
   
7. 
   Tin, steel, or parts of derelict cars or trucks;
   
8. 
   Inoperable vehicles, which are not mechanically capable of being operated in its customary manner or vehicles that are wrecked, damaged, demolished, or disabled, or parts or portions thereof, unless such vehicle is in a completely enclosed building;
   
9. 
   Unlicensed motor vehicles, which are not currently licensed or registered as required for that type of vehicle by applicable federal, state, or municipal laws, ordinances, or regulations in order to legally operate on public roads or highways, unless such vehicle is in a completely enclosed building;
   
10. 
    Broken furniture, or inoperable or unused appliances;
    
11. 
    Flammable material except that which is maintained for ordinary household, commercial or industrial uses if stored in containers designed for the specific material and the container is not maintained unreasonably near a source of heat, flame or combustion;
    
12. 
    Any condition that is or is likely to be a breeding ground or home for insects or rodents including but limited to pools of stagnant water or other liquids;
    
13. 
    Stables, sheds, pens or yards in which any type of animal has been or is being kept in which animal waste shall collect or continue to exist;
    
14. 
    Dead animal carcasses or parts of animals
    

2. 
   Dangerous condition: Any condition of property which is likely to cause or contribute to the injury or death to persons, including but not limited to:
   
   1. 
      sidewalks which are in a dangerous or defective condition;
      
   2. 
      tree limbs, signs, ropes or any other device which projects over streets at an elevation of less than twelve (12) feet or over sidewalks at an elevation of less than eight (8) feet;
      
   3. 
      Storing of flammable material except that which is maintained for ordinary household, commercial or industrial uses if stored in containers designed for the specific materials and the container is not maintained unreasonably near a source of heat, flame or combustion;
      
   4. 
      Maintenance of explosive devices in any area not zoned for heavy industrial uses and in which a conditional use permit has not been granted, or in a manner not recommended by the manufacturer of the substance;
      
   5. 
      Holes, depressions or open excavations which are at any point more than three (3) feet below the natural grade of the land immediately adjacent to them;
      
   6. 
      Abandoning, discarding or knowingly permitting to remain on premises or property, in a place accessible to children any icebox, refrigerator, or other airtight or semi-airtight container which has a capacity of one and one-half (1 ½) cubic feet or more and an opening of fifty (50) square inches or more and which has a door or lid equipped with a hinge, latch or other fastening device capable of securing such door or lid, without rendering such equipment harmless to human life by removing such hinges, latches or other hardware which may cause a person to be confined therein, except for an icebox, refrigerator or other airtight or semi-airtight container located in a part of a building occupied by a dealer, warehouse operator or repair person.
      

Sub Section B. Maintenance of Debris or Dangerous Condition a Nuisance:

The maintenance of debris or a dangerous condition by the owner or occupant of any property in the City of Pleasant Hope is hereby declared to be a public nuisance and is subject to abatement as provided in this Chapter.

Sub Section C. Enforcement Officer Appointed; Responsibility:

The Enforcement Officer shall be appointed by the Mayor. Enforcement of this Chapter shall be the responsibility of the Enforcement Officer.

Sub Section D. Abatement Procedure; Enforcement:

1. 
   Investigation of Complaints. In the event a complaint is received by the City, the Enforcement Officer shall investigate the complaint to determine if there is sufficient cause to believe a nuisance or dangerous condition exists.
   

2. 
   Notice of Violation and Correction Order. If the Enforcement Officer determines that there is sufficient cause to believe a nuisance or dangerous condition exists, a notice shall be sent to the owner of the property and the occupant. For purposes of this Chapter, the owner and occupant of the property shall have joint and several responsibility for any violation hereof. The notice may be delivered by: (w) personal service by the Enforcement Officer or other designated City Employee; (x) United States mail; (y) certified, return receipt, United States mail; or (z) by posting such notice on the premises. Mailed notice shall be addressed to the owner at the owner’s address as shown by the records of the Polk County Assessor or Collector and to the occupant at the post office address of the property, unless the Enforcement Officer has actual knowledge that the mailing address of the occupant is different than the post office address of the property. If notice is mailed, it shall be presumed that the notice was received three (3) days after the date of mailing. The notice shall describe the nature of the nuisance, the location of the property, and shall order the property owner and occupant, if any, to commence abatement of the nuisance or dangerous condition within a period of seven (7) days following the receipt of the notice, and to pursue the abatement of the nuisance or dangerous condition without delay. Notice to the owner and/or occupant of the right to appeal and request a hearing shall be given by including a copy of this Chapter with any Notice of Violation and Correction Order.
   

3. 
   Appeal and Hearing. An owner or occupant may appeal the Notice of Violation and Correction Order within the seven (7) day period after receiving the notice, by appealing the Notice of Violation and Correction Order and requesting a hearing, in writing. If no appeal and request for a hearing it made within that time period, the order shall become final. If an appeal and request for hearing is made, the Mayor and Board of Alderman shall hold a hearing to determine if the property constitutes a nuisance or dangerous condition as defined by this Chapter. The hearing shall be conducted in accordance with the provisions of the Administrative Procedure Act, Chapter 536. If the property is declared a nuisance, or if a dangerous condition is determined to be present, the Mayor shall order the nuisance abated and allow the owner and/or occupant at least five (5) days in order to abate the nuisance or dangerous condition.
   

Sub Section E.

1. 
   Abatement. If an owner or occupant of property: (x) fails to comply with a Notice of Violation and Correction order by abating the nuisance or dangerous condition within the time provided for in the notice or fails to pursue removal and abatement without unnecessary delay; and (y) fails to timely appeal and request a hearing pursuant to Sub Section D.3; or (z) the Mayor and Board of Alderman upholds or sustains a Notice of Violation and Correction Order after a hearing on an appeal and request for a hearing, the Enforcement Officer may cause the condition which constitutes the nuisance or dangerous condition to be removed or abated. The Enforcement Officer may call upon other employees and city equipment to abate the nuisance, or may contract with third parties to do so if the City has inadequate personnel and/or equipment to abate the condition.
   

2. 
   Costs. The costs of abatement may include a fee for the city's costs in administering this Ordinance, including the time reasonably expended by all city employees or officers who are called upon the assist with the matter based upon their hourly wage (determined in the case of salaried employees by dividing their annual salary by 2080) plus an additional 33 1/3% for benefits, and a reasonable charge for all equipment or tools of the city which are used in abating the nuisance.
   

3. 
   Certification of Costs; Special Tax Bill. The cost of such removal or abatement shall be certified to the City Clerk who shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, for the property and the certified cost shall be collected by the city collector or other official collecting taxes in the same manner and procedure for collecting real estate taxes. If the certified cost is not paid within thirty (30) days, 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 special tax bill shall bear interest at the rate of 1% per month for each month, or fraction of a month, that the same remains delinquent. 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 until paid. The owner and the occupant of the lot or tract of land shall be jointly and severally liable for the payment of the special tax bill, and, in addition, the bill shall become a lien upon the lot or tract of land upon the filing of a copy of the fee bill certified by the City Clerk in the office of the Polk County Recorder of Deeds, which bill shall contain a legal description of the property sufficient to identify the same.
   

Sub Section F. Entry to Abate:

The Enforcement Officer, and any City employee assigned to abate a nuisance under this Chapter, or any contractor and its employees hired to abate nuisances under this Chapter may enter the premises upon which such nuisance or dangerous condition is situated for the purpose of abating the same, with or without consent of the owners thereof, without being guilty of trespass.

Sub Section G. Violation of Chapter:

A person who maintains a nuisance and who shall fail to comply with a Notice of Violation and Correction Order as provided in this Chapter shall be deemed guilty of the offense of “Failure to Abate a Nuisance” and upon conviction, shall be guilty of a Class C misdemeanor, subject to punishment as provided in Section 225.010 of the Pleasant Hope Municipal Code.