Hallsville Public Nuisances ordinance (§ 215.030)

A. Public Nuisances Defined. Any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, dock, wharf or landing dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of its condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the City, in any one or more of the following particulars:

1. By reason of being a menace, threat and/or hazard to the general health and safety of the community.

2. By reason of being a fire hazard.

3. By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property.

4. By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.

B. Nuisances Enumerated.

1. The following acts, in addition to any others in violation of Subsection (A) of this Section, are determined by the Board of Aldermen as noisome, offensive, unwholesome, or dangerous to the public's health, welfare and/or safety and shall constitute a public nuisance:

a. Allowing stagnant pools of water to accumulate;

b. Accumulations or disposal of trash, lumber which is not piled or stacked more than twelve (12) inches off the ground, earth, ashes, mortar, papers, stone, brick, rock, tin, steel, dirt, manure, filth, excrement, chips or rubbish of any description, cesspools, drains, garbage or any other animal or vegetable substances, unless the accumulations or disposal of such items in such place is specifically authorized by law;

c. The keeping of any horse, cattle, sheep, swine, goats, mules or other livestock or fowl within the corporate limits (unless a permit has been issued by the Board of Aldermen);

d. The pollution of any river or stream;

e. Burning of refuse or other material in such a manner as to cause or permit the smoke, ashes, soot, or gases to be sensed by any person or neighborhood;

f. The distribution of samples of medicine or drugs to minors;

g. The keeping of doves or pigeons which deposit excrement on buildings and sidewalks;

h. Maintaining a privy or outdoor closet;

i. Garbage trucks that are not covered and leakproof;

j. Dead animals not disposed of within 24 hours;

k. Any building, house, room, or other structure or vehicle, maintained or used for the purposes of lewdness, assignation, or prostitution;

l. Any pit, basin, hole, or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose for which it was constructed, or is maintained contrary to law;

m. All obstructions to streets, rights-of-way, or other public ways in the City, and all excavations in or under the same, which are by ordinance prohibited, or which may be made without lawful permission, or which, having been made by lawful permission, are kept and maintained after the purpose thereof has been accomplished, or for an unreasonable length of time;

n. Erecting, maintaining, using, placing, depositing, leaving, or permitting to be or remain in or upon any street, alley, sidewalk, park, parkway, or other public or private place in the City, any one or more of, but not limited to, the following conditions or things:

(1) Any bone, meat, hides, skin, or the whole or parts of any dead animal or fish;

(2) Any chemicals or other materials commonly known to be noxious, offensive, dangerous or otherwise injurious, including, but not limited to, grease, oil, antifreeze, explosives, radioactive materials and poisons.

o. All premises and vehicles whereon or wherein intoxicating liquor is manufactured, sold, bartered, exchanged, given away, furnished, disposed of, consumed, or permitted to be consumed, in violation of the laws of the State and the ordinances of the City;

p. Leaving, or permitting to be or remain in or upon any sidewalk, steps, or other public walkway in the City, any one or more of, but not limited to, the following conditions or things:

(1) Mud, debris, garbage, or other items or substances upon the surface which might cause a pedestrian to lose footing.

(2) Overhanging trees, shrubs, or other obstruction to vehicular and pedestrian travel.

q. Electric fence or fence constructed wholly or partly of barbed wire except in areas within the City zoned agricultural.

(1) Exception: any property that is utilized for the purpose of the growth and harvesting of agricultural materials.

r. A swimming pool or any other pool of water that is more than twenty-four (24) inches deep that is not enclosed by a fence which does not meet or exceed the following standard: chain-link wire fence or a vertical board fence at least forty-eight (48) inches [four (4) feet] in height with a gate of the same height that if left unlocked when pool is not in use and attended will constitute a public nuisance. Barbed wire, electric, sheet metal, plastic construction fencing and in fences are prohibited;

s. Dismantled, inoperable, junk-filled, and unlicensed vehicles, including, but not limited to, recreational vehicles, boats, trailer, and construction equipment, which are for longer than thirty (30) consecutive days not stored in an accessory building, carport or garage so that they may not be seen;

t. Any outdoor storage of items including, but not limited to, dismantled, inoperable, junk- filled, and unlicensed vehicles for longer than thirty (30) consecutive days, parts of derelict cars or trucks, household appliances and broken furniture that is not enclosed by a fence at least forty-eight (48) inches in height with a lockable gate. Said gate which is left unlocked when yard is not occupied will constitute a public nuisance.

u. The keeping, maintaining or permitting an apiary or hive of any common honeybee, apis mallifera, or other bees kept for the production of honey or wax is hereby declared to be a common nuisance within the limits of the City.

(1) It shall be unlawful for any person or combination of persons to keep, maintain, or permit one (1) or more hives of any common honeybee, apis mallifera, or other bees for the production of honey or wax, or to maintain an apiary.

2. It shall be unlawful for any person to maintain a public nuisance or allow a public nuisance, as the term "public nuisance" is defined in Subsection (B) hereof, on any premises, including buildings or structures located thereon, owned, controlled or leased by such person within the City limits of the City of Hallsville, Missouri.

3. Violation of Subsection (B)(1) above shall be a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), and/or a term of imprisonment in the Boone County Jail for a period of from one (1) day to one hundred eighty (180) days.

C. Authority To Abate Emergency Cases. In cases where it reasonably appears that there is an immediate danger to the health, safety or welfare of the public due to the existence of a nuisance, the City shall have authority to immediately abate the nuisance in an appropriate manner.

D. Abatement — Procedure Generally. Whenever the Board of Aldermen receives notification that a nuisance may exist, it shall proceed as follows, except as may be otherwise provided herein:

1. It Shall Investigate The Same. The Board of Aldermen may order any person who has caused or is maintaining the nuisance to appear before the Board of Aldermen at such time and place as the Board of Aldermen may direct to show cause, if any, why that person should not abate the nuisance. Every person required to appear before the Board of Aldermen shall have at least ten (10) days' notice thereof.

2. Such notice shall be signed by the Health Officer or Chief of Police and shall be served upon that person by delivering a copy thereof to the person, or by leaving a copy at his/her residence with some member of the family or household over fifteen (15) years of age, or upon any corporation by delivering the copy thereof to the President or to any other officer at any business office of the corporation within the City. If the notice cannot be given for the reason that the person named in the notice or his/her agent cannot be found in the City, of which fact the return upon such notice of the officer serving the same shall be conclusive evidence, such notice shall be published in a daily newspaper for three (3) consecutive days, if a daily, or once, if a weekly paper, giving at least ten (10) days' notice from the final publication date of the time fixed for the parties to appear before the Board of Aldermen.

3. If after hearing all the evidence the Board of Aldermen may determine that a nuisance exists, it may direct the Health Officer or Chief of Police or other City Official to order the person to abate the nuisance within twenty (20) days or within such other time as the Board of Aldermen may deem reasonable. Such order shall be served in the manner provided in this Section for service of the order to show cause. The order may further provide that the appropriate City Official be directed to abate the nuisance if the order is not obeyed within the time period set by

the Board of Aldermen, and that a special tax bill be issued for the costs of abating the nuisance.

4. If the order has not been obeyed within the time period set by the Board of Aldermen, the appropriate City Official shall proceed to abate the nuisance in the manner provided by the order of the Board of Aldermen, and the cost of same, if ordered by the Board of Aldermen, may be assessed as a special tax against the property so improved or upon which such work was done; and, if so ordered, the City Clerk shall cause a special tax bill therefor against the owner thereof when known, and if not known then against the unknown persons, and the certified bills of such assessment shall describe therein the property upon which the work was done.

5. The bills for the above work shall be recorded and shall be collected and paid as provided for the collection of other special tax bills for the repairing of sidewalks or grading or paving of streets and shall be a lien on the property.

6. The cost of abating nuisances on private property shall be levied and assessed on each lot in proportion to the amount of work done and material used in abating the nuisance located on each such lot.

E. Abatement Of Nuisances In Other Cases.

1. Procedure. Upon the discovery of a public nuisance that does not pose an immediate danger to the public health, welfare or safety, the inspecting officer shall submit a written report of the property on which the nuisance exists to the Inspector. Photographs and findings shall be included in said report. If the Inspector declares the existence of a public nuisance, but the nature thereof is not such as to require the summary abatement of such nuisance, then the Inspector may order the abatement of the nuisance by notice in compliance with Section 215.040 of this Chapter.

2. Abatement By Owner. Within thirty (30) days after the posting and mailing of a notice to abate a nuisance, the owner, or individual in possession of the affected property shall remove and abate such nuisance or show that actions for abating the nuisance have commenced. Such showing shall be made by filing a written statement or other proof of such actions with the Inspector.

F. Abatement By City. If, after a hearing in compliance with this Chapter finds that the nuisance or dangerous condition exists, the Inspector shall have the authority to enter upon the property and abate the public nuisance found thereon. In abating such nuisance, the Inspector may go to whatever extent may be necessary to complete the abatement of the public nuisance. If it is practicable to salvage any material derived in the aforesaid abatement, the Inspector may sell the salvaged material at private or public sale and shall keep an accounting of the proceeds thereof.

G. Proceeds From Sale Of Private Property. The proceeds, if any, obtained from the sale of any material salvaged as a result of an abatement of a public nuisance by the Inspector shall be deposited to the General Fund of the City and any deficit between the amount so received and the cost of the abatement shall be filed with the City Clerk. The City Clerk shall certify said costs and assess costs to the annual real estate tax bill for the property. Should the proceeds of the sale of the salvaged material exceed the cost of the abatement, the surplus, if any, shall be paid to the owner of the property from which the public nuisance was abated when a proper claim to the excess is established.

H. Authorized Action. In abating a public nuisance, the Inspector may call upon any of the City departments or divisions for whatever assistance shall be deemed necessary or may by private contract cause the abatement of the public nuisance.

I. Statement Of Costs. The Inspector shall, after completing the removal and abatement, file a statement of costs with the City Clerk. The City Clerk shall certify costs and assign costs to the annual real estate tax bill for the property.

J. Prior Recovery. The City may seek to recover the cost of demolition prior to the occurrence of demolition. Upon issuance of an order by the Inspector whereby the building or structure is ordered to be demolished, secured or repaired, then the Inspector may solicit no less than two independent bids for such demolition work, the amount of the lowest bid, including offset for salvage value, if any, plus reasonable anticipated costs of collection, including attorneys' fees, shall be certified to the City Clerk, who shall cause a special tax bill to be issued against the property owner to be prepared and collected by the City Collector. The City Clerk shall discharge the special tax bill upon documentation by the property owner of the completion of the ordered repair or demolition work. Upon determination by the City Clerk that a public benefit is secured prior to payment of the special tax bill, the City Clerk may discharge the special tax bill upon the transfer of the property. The payment of the special tax bill shall be held in an interest-bearing account. Upon full payment of the special tax bill, the Inspector shall, within one hundred twenty (120) days thereafter, cause the ordered work to be completed, and certify the actual cost thereof, including the cost of tax bill collection and attorneys' fees, to the City Clerk who shall, if the actual cost differs from the paid amount by greater than two percent (2%) of the paid amount, refund the excess payment, if any, to the payer, or if the actual amount is greater, cause a special tax bill or assessment for the difference against the property to be prepared and collected by the City Collector. If the Inspector shall not, within one hundred twenty (120) days after full payment, cause the ordered work to be completed, then the full amount of the payment, plus interest, shall be repaid to the payer. At the request of the taxpayer, the tax bill for the difference may be paid in installments over a period of not more than ten (10) years. The tax bill for the difference from the date of its issuance shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid.