BILL NO. ORDINANCE
NO.
AN ORDINANCE AMENDING CHAPTER 13, OF THE
CODE OF ORDINANCES OF THE CITY OF
BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF
Section One
That
Section 13—2 of the Code of Ordinances of the City of
Section 13—2
Enumeration.
The
following are hereby declared, defined and deemed to be nuisances for the
purposes of this article and this Code; provided however that this list is
non-exclusive and does not alter any other nuisances as defined by common law,
statute or other provision of this code:
(1) All substances which emit or cause foul,
obnoxious, unhealthful or disagreeable odor or effluvia, in the neighborhood
where they exist;
(2) All carcasses of animals in any state of
decomposition;
(3) Debris, cut and fallen trees and/or shrubs,
rubbish and trash, lumber not piled twelve (12) inches off the ground, rocks
and/or bricks, tin, steel, parts of automobiles, derelict automobiles,
automobile frames, broken furniture;
(4) Manure from cow lots, horse stables,
poultry yards, pigeon lofts;
(5) Waste oils from garages or filling
stations;
(6) The keeping or allowing to remain on any
premises any trees, shrubs or other vegetation infected with fungus or other
diseases that will or might spread to other noninfected
trees, shrubs or other vegetation;
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(7) All slop,
foul or dirty water, silt, filth, refuse or offal, discharged in or upon any
street, avenue, sidewalk, alley, park, public square or public enclosure, or
allowed to accumulate there, or in a pond or pool
whether the pond or pool be public or private;
(8) Any
material which is unhealthy or unsafe;
(9) Any
flammable material which may endanger public safety; or
(10) Any
article or thing whatsoever that may injure, inconvenience, endanger, harm or
annoy the health, welfare, morals or safety of the inhabitants of the City of
Warrensburg;
(11) Any
house, building, structure or other place or location where any activity is
carried on, maintained or permitted which constitutes a violation of local,
state or federal law;
(12) Dense
smoke, noxious fumes, gas or suet.
(13) Any
abandoned, discarded or openly accessible icebox, refrigerator or other
air—tight or semiair—tight container of a capacity of
one and one-half cubic feet and an opening of fifty square inches or more which
has hinges or a latch or fastening device which may secure the door or lid. Any
such object is declared to pose an immediate threat to public health safety and
welfare and shall constitute an emergency.
(14) Any
vehicle used for garbage or rubbish disposal which is not equipped with a
watertight metal body and provided with a tight metal cover or otherwise
constructed to prevent any contents from leaking, spilling, falling or blowing
out of such vehicle at any time except while being loaded or unloaded, or not
covered so as to prevent offensive odors from escaping therefrom.
(15) Any and
all infestations of flies, fleas, roaches, lice, ticks, rats, mice, insect
larvae or maggots, mosquito larvae or hookworm larvae.
Section Two
That Section 13—3 of the
Code of Ordinances of the City of
Warrensburg, Missouri is
hereby amended to read as follows:
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Section 13-3. Notice to
abate.
(a) Whenever the
Director of Community Development or their designee shall ascertain or have
knowledge that a nuisance exists in or upon any house, building, lot or
premises within the city or within one-half mile of the city limits, they
shall, in writing, notify the owner or person occupying or having possession
and control of such house, building, lot or premises, to abate or remove such
nuisance within a time to be specified in such notice which time shall not
exceed seven days, and shall be at least five days.
(b) Should the
City intend to enter the property and cause the nuisance to be abated in a
non—emergency situation, an additional notice of this intent shall be served to
the owner or owners of the property as required in subsection (c) of the City’s
intent to cause the nuisance to be abated. Such notice shall be delivered as
set forth herein at least seven days before the City causes the nuisance to be
abated.
(c) Any notice
required in this chapter shall be served personally, or by U.S. mail to the
owner or owners, or his or their agents, or by posting such notice upon the
premises or property in question. Written notice required hereunder shall be
deemed received when mailed if not personally served or served by posting.
(d) Any person
receiving a notice or owning or occupying property posted with notice under
subsection (b) may, within five (5) days after receipt thereof or posting,
whichever occurs first, request a hearing before the City Manager or his
designee to contest the decision of the Director of Community Development that
a nuisance exists on their property. Any such person shall have a right to
appear at such hearing to be represented by counsel, and to present evidence
and cross— examine witnesses. Such hearing shall be held within thirty (30)
days of receipt of the request. In the event the City does not seek to abate
the nuisance itself, no such hearing shall be given and the owner may dispute
the existence of the nuisance in a trial before the municipal court for
violation of this chapter.
(e) In cases
where the city officials find that a nuisance exists in violation of this
chapter which constitutes an immediate threat to public health, safety or
welfare such that serious physical injury, sickness or loss of life is possible
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(1) If any
property must be removed to abate the nuisance, the same shall be stored at the
owner’s expense for ten (10) days.
(2) If, after ten
days of sending the notice required in Section 13-6(d) the owner of the
property does not appeal the decision, or reclaim the property removed it shall
be deemed abandoned and may be disposed of or sold by the City.
Section Three
That
Section 13—5 of the Code of Ordinances of the City of Warrensburg, Missouri is
hereby amended to read as follows:
Section
13-5. Non-emergency abatement by city.
If the owner or person occupying or having possession and
control of any premises upon which a nuisance is determined to exist in
violation of this chapter does not abate the same within the time stated in the
notice to abate such nuisance, or any order entered after hearing, the city
officials or their representatives may enter upon such premises and abate such
nuisance. All entry upon private property shall be in accordance with section
13-9.
Section
Four
That
Section 13-6 of the Code of Ordinances of the City of Warrensburg, Missouri is
hereby adopted to read as follows:
Section 13-6. Recoupment of Costs.
Any costs incurred by the City in abating or removing any
nuisance under this Chapter may be recovered by any one of the following:
(a) By any suit
at law or in equity as allowed by law; or
(b) Requiring
payment of the same may be made a part of any judgment of conviction in the
municipal court for violation of section 13—4 in addition to any fine imposed;
or
(c) The official
or other person causing the
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abatement
or removal of the nuisance shall certify the costs of the same to the City
Clerk who shall cause a special tax bill to be prepared and filed of record
with the County Collector, which lien shall be a first lien on the property
until paid and a personal debt of the owner. Such bills shall be prepared and
delivered by June first of each year and shall bear interest of eight percent
per annum until paid. Prior to submission of the prior year’s tax bills
hereunder, the list shall be submitted to the City Council for review and
approval by resolution.
(d) In the case of an emergency abatement
under Section 13—4 (d), the City shall within forty-eight hours of abating the
nuisance, notify the owner in accordance with the procedures in Section 13—3(c)
of the property of the nature of the emergency requiring abatement, the actions
taken, including storage of property, and the cost of the same. The owner may,
within ten (10) days of sending of the notice request a hearing from the City
Manager or their designee on the reasonableness of the costs of abatement.
(1) If after
hearing, the Hearing Officer shall determine the costs of abatement should be
waived, the same may be waived.
(2) If no
appeal is sought, or if after hearing costs are not waived, all costs of
abatement, including any storage fees, shall be charged against the owner and
the property as set forth in Section l3-6(a)—(c).
(e) Costs recoverable hereunder shall
include, but not necessarily be limited to:
(1) Bills
submitted by contractors performing abatement.
(2) Costs of
certified mail, film, materials, notification and documentation.
(3) Time or
wages paid to City employees in connection with the matter.
(4) Legal
fees incurred by the City for the
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Section Five
That Section 13—7 of the Code of Ordinances of the
City of Warrensburg, Missouri is hereby adopted to read as follows:
Section 13-7. Effect of
Nuisances on Permits and Licenses
No license
or permit of any kind shall be issued to any person or entity under any
provision of this Code if that person or entity, or the legal representative of
that person or entity:
(a) Has failed to obey an order or notice to
remove a nuisance under this chapter or chapter 25s or 11 of this Code; or
(b) Has failed to pay the City for any debt
incurred in removal or abatement of a nuisance by the city, under any chapter
of this code, whether that debt is also a lien on the property or a personal
judgment; or
(c) Is otherwise in continuing violation of
any other provision of the Code of Ordinances; or
(d) Owes any sum of money to the City until
such sum is fully paid.
Section Six
That Section 13-8 of the Code of Ordinances of the
City of
Warrensburg, Missouri is hereby adopted to read as
follows:
Section 13-8. Smoke.
(a) The emission or discharge of any smoke,
fume, gas or suet declared a nuisance hereunder shall constitute an offense;
(b) Any owner, occupant, lessee, manager, or
agent of any building, establishment, or premises from which dense smoke,
fumes, gases or suet is emitted shall be guilty of an offense and shall pay a
fine of not less than $25 and not more than $100 for each day of violation;
(c) It shall be a defense to a charge under
this section that there is no known practicable device, appliance or means to
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Section Seven
That Section 13—9 of the
Code of Ordinances of the City of
Warrensburg, Missouri is
hereby adopted to read as follows:
Section 13—9. Enforcement, right of entry and
relief of liability.
(a) The
provisions of this chapter shall be enforced by the “code enforcement inspect
or~1 or other agents of the city so hired and directed by the City Manager to
do so and shall hereinafter be referred to as the “inspector.”
(b) Whenever the
inspector shall ascertain, or have knowledge that a violation may exist, the
inspector may lawfully enter, during daylight hours, with or without the
owner’s permission, without being deemed to have committed trespass, into or
upon the following private property that is within the city limits:
(1) Any structure
which is open or unsecured and which would not reasonably be perceived as a
place of residence or dwelling, except that such structure may be attached to a
place of residence such as an open carport;
(2) Any place of
dwelling which is open or unsecured and which the inspector reasonably believes
to be abandoned, uninhabited, legally uninhabitable or otherwise not lived in;
or
(3) Any lot;
and shall do so for the purposes of investigating,
inspecting, abating, or removing any violation pursuant to this chapter,
provided that proper identification shall be displayed on the inspector’s outer
clothing.
(c) The limited
right of entry of subsection (b) shall be extended to any person hired by the
city, or that person’s employees, for the purpose of abating or removing a
violation of this chapter, or for the purpose of obtaining legal or
professional assistance or counsel for the city. Such person may only do so in
such manner, and at such time, and for such purpose as directed by the city.
(d) Whenever the
inspector shall ascertain or have knowledge that a violation may exist, the
inspector may lawfully enter
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into or upon private property within the city limits, that is
known to be a structure of residence or dwelling or otherwise lawfully
occupied, by presenting the owner or the occupant with proper identification
and requesting permission to enter. If the inspector is denied consent to enter
a lawfully occupied structure, or it an unoccupied structure cannot be entered
by reasonable means, the inspector shall apply to the judge of the municipal
court for a search warrant. The judge, upon finding of reasonable cause that
this chapter is being violated, shall issue such warrant. The judge may
consider any of the following factors in deciding whether a warrant shall be
issued: (1) eyewitness accounts of violation; (2) citizen complaints; (3)
“plain view” violations; (4) violations apparent from city records; (5) nature
of alleged violations (threat to life, health, safety or property); (6)
previous violations on the premises.
Section
Eight
That
Section 13-10 of the Code of Ordinances of the City of Warrensburg, Missouri is
hereby adopted to read as follows:
Section 13-10. Prosecution.
(a) Abatement by
the city of any violation of this chapter shall not limit the city’s right to
criminally prosecute any person, nor shall prosecution limit the right of the
city to initiate, continue or finish abatement of the violation, nor shall
prosecution limit the city’s right to pursue assessment or collection of
abatement costs incurred by the city.
(b) Each day that
any violation of this chapter shall continue shall constitute a distinct and
separate offense.
Section
Nine
That
Sections 13—21 through 13—29, inclusive, of the Code of Ordinances of the City
of Warrensburg are repealed and those sections reserved for future use.
Section Ten
It is the intention of the city council and it is hereby
ordained that the provisions of this ordinance shall become and be made part of
the Code of Ordinances of the City of Warrensburg, Missouri, and the sections
of this ordinance may be renumbered to accomplish such intention.
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Section
Eleven
That this
ordinance shall be in full force and effect from its passage.
Read title
two (2) times and passed by the City Council of the City of Warrensburg,
Missouri, this 11 day of October, 2004.
Passed in
open session this 11 day of October, 2004.
MARY COKER, MAYOR
Attest:
CINDY
GABEL, CITY CLERK
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