HomeMy WebLinkAbout1989-82 - Amendments to Chapter 14 of the Municipal CodeBILL NO, ;"'`/~-~.-ti _ ORDINANCE N0, y!-~,~
AN ORDINANCE REPEALING CIIAPT'ER 14 OF THE CODE OF ORDINANCES
OF THE CI`CY OF RIVERSIDE AND ENACTING A NEW CHAPTER 14 IN I,IEIJ
~PHEREOF, PROHIBI`PING 'P HE MAINTENANCE OF NUISANCES WITHIN THE
CITY OF RIVERSIDE, PROVIDING PENALTIES FOR THE VIOLATIOCd
THEREOF, AND ESTABLISHING THE PROCEDUKE FOR THE ABA`! EMENi' OF
NUISANCES BY THE CITY.
BE I'P ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE AS FOLLOWS:
SECTION 1: Chapter 14 of the Code of Ordinances of the
City of Riverside is hereby repealed, and the following Chapter
14 is enacted in lieu thereof:
"CHAPTER 14
NUISANCES
14.1 Declaration of Purpose. The Board of Aldermen of
the City of Riverside, Missouri hereby declares it to he the
purpose of this ordinance and the policy of the City to protect
the health, safety, welfare, prosperity and peace of the
citizens of Riverside and to prevent the r_'epreciation of
property within the City of Riverside by prohibiting nuisances.
14.2 Definitions.
For the purposes of this ordinance the following terms,
phrases, words and their derivations shall have the meaning
given herein. When not inconsistent with the context, all
references to the singular shall inr_lude the plural and vice
versa. The word "shall" is always mandatory and not merely
precatory.
a. Person means any person, firm, partnership,
association, corporation, company or organization of any
kind .
b. Authorized Private Receptacle means a litter
storage and collection receptacle as required and
authorized by Chapter 10.0, Section 2 of_ the Code of
Ordinance of the City of Riverside, Missouri.
c. City means the City of Riverside, Missouri.
14.3 Nuisances Prohibited.
Section l: No person shall permit, cause, keep, maintain
or commit any nuisance as defined by the laws of the State of
~~7issouri or the ordinances of the City within the Ci ty limits
of the City of Riverside, Missouri.
Section 2: No owner, occupant or person in r_harge of any
house, building, lot or premises within the City of Riverside
shall cause or allow any nuisance to be or remain in or upon
any such house, building, lot or premise.
,Section 3: The creation or maintenance of any condition
which is in fact a nuisance is declared unlawful and subject to
abatement and shall not be affected by the fact that it is not
specifically enumerated in this chapter.
14.4 llefinition of Nuisance.
The following acts or conditions are hereby declared to be
nuisances, dangerous to the public safety and are hereby
prohibited:
Section 1: LITTER. The accumulation of vegetable or
animal waste, litter, garbage, filth or refuse or any rags,
dameged merchandise, wet, broken or leaking barrels, casks or
boxes or any materials which are offensive, or which tend to
decay, or become putrid or unwholesome;
Section 2: ODORS AND DUST. The emission or creation of
offensive, disagreeable, noxious or toxic dust, vapor, fume,
mist, or odor;
Section 3: FOOL 4~ATER. The accumulation upon or discharge
onto any street, sidewalk, lot, park, public square, public
enclosure, or any pond or pool of water of any liquid refuse,
including sloe, foul or dirty water or other liquid;
Section 4: ,JUNK VEHICLES. The unsheltered storage of old,
used, stripped or junked personal property of_ any kind (except
in licensed junk yards), including lumber, building materials,
junk, trash or other debris, abandoned, discarded or unused
objects or equipment of any kind whatsoever, including
household app.iiances, vehicle parts or tires, scrap metal,
toys, furniture, or barrels;
Section 5: WEEDS. Permitting weeds or grass to attain the
height of eighteen (18) inches or more, and permitting the
accumulation of dead brush, branches or other plants. The word
"weeds" as used herein shall include all vegetable growths
except cultivated plants, trees and shrubs;
Ser_tion 6: SEPTIC TANK. Maintaining or permitting any
unclean, stinking, foul, defective or filthy drain, ditch,
septic tank or gutter or any leaking, broken, garbage box or
receptacle of like character;
Section 7: STAGNANT WATER. Maintaining or permitting the
existence of any pond or pool of unwholesome, impure or putrid
water or any pond or pool of stagnant rain water which is or
may become offensive;
Section 8: ANIMAL CARCASS. Permitting any animal carcass
to remain exposed six ( 6) hours after death, or permitting any
part of the carcass of any animal, including the hide to remain
exposed six (6) hours after death;
Section 9: RATS AND INSECTS. Permitting or maintaining
any condition conducive to the hari~orage of rats, insects and
other vermin.
14.5 Above Ground P9otor Fuel Storage.
Section 1: No above ground motor fuel storage tanks shall
be permitted except:
(a) above ground tanks where the owner can demonstrate
to the satisfaction of the zoning enforcement person that it is
solely for agricultural uses
(b) the storage of ten gallons or less of flammable or
combustible liquids so long as such liquids are stored in a
r_ontainer sealed by means of a lid or other device so that
neither liquid nor vapor will escape from it at or.di_nary
temperatures
(c) the storage of combustible class 3b liquids only in
the industrial zone and after the applicant has received a
special use permit in acr_ordanr_e with the zoning code of the
city
(d) propane tanks
"Motor fuel" includes, but is not limited to, gasoline and
diesel fuel.
Section 2: Any other above ground storage tanks of motor
fuel now existing shall be considered a non-conforming use and
the maintenance of the existing storage facilities shall not be
deemed a violation of this section.
Section 3: No existing above ground storage of motor fuel
shall be added to or replaced except as provided by the zoning
order.
14.6 Abandoned, Wrecked or Inoperable Motor Vehicles.
Section l: All abandoned, wrecked or inoperable motor
vehicles as defined by this ordinance or vehicles in a state of
substantial disrepair which remain on public or private
property within the City for a period of more than five (5)
days if on private property or more than twenty-four (24) hours
if on a public street or roadway are hereby declared to be
nuisances. Provided, however, if said vehicle is stored wholly
within a building and not visible from tl~e outside, then this
vehicle shall not be deemed a nuisance. Storage of the vehir_le
in a garage where the outside door is open for more than twenty
four (24) hours shall not be deemed to be a vehicle inside a
building.
Section 2: Abandoned vehicles shall mean any vehicle which
is left at any place and under such circumstances as to cause
such vehicle reasonably to appear to have been abandoned.
Section 3: Inoperable motor vehicles shall mean any
vehicle from which the engine, wheels or other parts have been
damaged or otherwise segregated, so that the vehicle is
incapable of being driven under its own motor power.
Section 4: A wrecked vehicle shall mean a vehicle that is
so damaged that is incapable of_ being operated.
Section 5: Inoperable and wrecked motor vehicle shall not
include a motor vehicle which is kept within a building when
not in use, or to any vehicle which is continuously kept inside
a building.
Section 6: Vehicles, as used in this chapter, shall mean
any vehicle designed to travel along or over the ground by use
of wheels, treads, runners or slides and is used to transport
persons or property and shall include without limitation,
automobiles, trucks, motor vehicles, tractors, or any wart or
portion thereof.
14.7 Deposit of Litter on Property.
No person shall throw or deposit or dump any litter on any
p roperty wi thin the City, whether owned by such person or not,
except that the person in possession or control of the premises
may maintain authorized private receptacles for collection of
litter in such a manner that the litter will be securely
contained within the receptacle until such time that it is
collected.
14.8 Hazardous Trees.
A live or dead tree which constitutes a hazard to the
safety of persons or of property, private or public, is hereby
declared to be a nuisance. Authorized representatives of the
City may enter at all reasonable times upon any privately owned
property for purposes of inspection and investigation of any
tree which may be in a hazardous condition.
14.9 Stables, Sheds, Buildings, Etc.
Section 1: All stables, sheds or compartments in which a
horse, cow or other animal shall be kept in such manner or in
any place in which the refuse of such animal shall collect or
accumulate or that any offensive smell shall be allowed to
escape from is hereby declared to be a nuisance and dangerous
to the public safety and prohibited; provided, nothing in this
section shall be so construed as to include manure deposits on
any private property for the purpose of_ enriching the soil
thereon.
14.10 Malfunctioning Private Sewage Disposal Systems.
All malfunctioning private sewage disposal systems whir_h
allow polluted, raw or partially treated waste water or
effluent to be deposited or stand upon any premises shall be
deemed a nuisance. When any private sewage disposal system has
been determined to be malfunctioning, the owner of the said
premises will be ordered to make connection to the public sewer
if available.
14.11 Interfering with the Gutter, Sewer or Natural
Drainage.
N o person shall interfere with or obstruct, without legal
authority, any gutter, conduit, sewer or other outlet for water
or natural drainage upon any public or private property.
14.12 Water Pollution.
No person shall corrupt or render unwholesome or impure the
water of any spring, river, stream, pond or lake.
14.13 Painting Signs on Property Without Consent of the
Property Owner.
It is hereby declared a nuisance for any person to
advertise wares or ocr_upations by painting notices on or
affixing notices to fences or other private property or on
rocks or other natural objects without the consent of the owner
or, if in the streets of the City of Riverside, Missouri,
without the permission of the Board of Aldermen.
Garage sale and election signs shall not be demed to be a
nuisance if they are removed within twenty four (24) hours
after the completion of the garage sale and within ten (10)
days after election.
14.14 Unnecessary Noise.
Section L• No person shall make, continue, cause, or
permit to be made or continued any noise disturbance. The
[ollowing are der_lared to be noise disturbances in violation of
this section, but this enumeration is not exclusive:
a. Barking dogs or other noisy animals which disturb
the comfort and repose of any person in the vicinity.
b. Use of sound producing or reproducing equipment
between the hours of 10 p. m. and 7 a. m. that is plainly
audible within a dwelling unit that is not the source of
the sound, or use of such equipment on public property or
on a public right of way so as to be plainly audible 50
feet or more from the source of the sound. The Board of
Aldermen may grant an exemption from this subsection to
allow a person reasonable use of public property or the
right of way to broadcast music or_ speech.
14.15 Prohibiting Trash Containers Upon or within Twenty
(20) Feet of_ Right of Way.
It shall be unlawful for any person, partnership or
corporation to maintain upon the public right-of-way or upon
any land situated within twenty (20) feet of any public street
or public highway any trash cans, garbage cans, garbage bags,
or refuse disposal receptacles for more than twenty-four (24)
hours within the City of Riverside, Missouri.
14.16 Requiring Restoration or Removal of Buildings
Damaged or Destroyed by Fire, Tornado or Other Cause.
Section 1: If any building, sign, mobile home or other
structure lor_ated within the City limits of the City of
Riverside, Missouri should be severely damaged or destroyed
through fire, tornado or other cause, or has become so
dilapidated as to be untenable or unusable, the person, firm or
corporation owning that buildi-n g, sign, mobile home or other
structure shall be required to either begin restoration of the
building, sign, mobile home or other structure or to remove the
building, sign, mobile home or other structure and all debris
from the premises within thirty (30) days of the occurrence of
the damage or destruction. Any basements that may be exposed
by virtue of removing any building shall be filled to ground
level within ten (10) days of such exposure.
Section 2: Any building, sign, mobile home, or other
structure which is not restored or removed pursuant to this
section, or any basement which remains exposed after the
removal of any structure, shall be deemed a nuisance and
hazardous to the health, safety and welfare of the general
public.
14.17 Authorized City Officials May Enter Premises.
The Director of Public Safety, the City Attorney or duly
authorized representatives of either are hereby authorized to
enter and inspect all buildings and parts of buildings and
other premises, in the daytime, for the purpose of examining
the sanitary condition, provided such City official has first
obtained an administrative search warrant from the P9unicipal
Judge or, in the alternative, has obtained the consent of the
owner or occupant of the premises. If on such inspection, any
nuisance or unsanitary condition be found, then the official
may follow the provisions set forth by this chapter for
abatement of the nuisance.
14.18 Abatement of Nuisance by City, Procedure.
Section 1: The Director of Public Safety, or the
Director's duly authorized representatives, is hereby empowered
to abate or remove either by draining, filling, purifying,
removing, burning or discontinuing any nuisance from any cause
whatsoever. Provided however, the abatement by the City of any
nuisance defined in Section 14.17 of this Chapter shall be
governed by the procedure set forth in Section 67.410 RS~9o.
1986, as that Section may be amended. For purposes of this
Section, the Director of Public Safety shall be deemed to be
the building commissioner of the City of Riverside.
Section 2: Before proceeding to abate or remove any
nuisance, the Director of Public Safety shall notify the owner,
tenant, lessee or occupant, or his agent, employee or manager
having charge of, doing business in or occupying any house or
building of any kind, or any vacant lot, yard or p uce of
ground in or on which any nuisance exists. In the event the
nuisance exists in the public street or alley, the Director of
Public Safety shall notify the person responsible for the
existence and condition of the nuisance. The Director's notice
shall be in writing, and shall state the facts constituting the
nuisance and order the person responsible for the premises to
abate, remove or discontinue the nuisance. The notice shall be
served in t_he same manner as writs of summons are served in
civil cases. If the owner or tenant, lessee, agent, employee
manager or other person named in the notice cannot be found in
the City, then the Director of Public Safety shall cause such
notice to be mailed by certified or registered mail, return
receipt requested, to such owner, tenant, lessee, or occupant
at that pe rson's last known address. In the event no address
is known for such person, then the notice shall be posted
conspicuously upon the premises.
Section 3: Ten (10) days after servir_e of such notice,
whether by personal service, mailing or posting of such notice,
the Director of Public Safety shall give a hearing to the owner
or owners, or his or their agents. If the nuisance set forth
in the notice shall not be abated, discontinued or removed by
the date of the hearing, the Director of Public Safety or other
designated City official may declare the condition to be a
nuisance and order the same to be abated within five (5) days.
If the nuisance is not abated within five (5) days, the
Director of Public Safety or other designated City official may
proceed to abate and remove such nuisance.
Section 4: The Director of Publir_ Safety shall keep an
accurate record of the cost of_ abating, discontinuing or
removing any nuisance herein defined. The Director shall
report the cost thereof to the Board of Aldermen. The Board of
Aldermen shall then proceed to levy and assess the costs as a
special tax against each lot or parcel of_ land from which the
nuisance is abated, discontinued or_ removed and shall direct
the City's Clerk to issue a special tax bill therefor against
such tract or parcel of real estate, to be collected by the
City Collector or any duly authorized deputy. Such special tax
bill shall be a special lien against such property in the same
manner and with the same effect as special tax bills are for_
paving and shall be payable within thirty (30) days after the
date thereof, and if not so paid, shall bear interest at the
rate of eight percent (80) per annum until paid. It shall he
the duty of the City Clerk to keep all records as certified to
him by the Di rector of Public Safety, to prepa.r.e all books and
ar_counts showing in detail the expenditures of the abatement,
removal or discontinuance of any nuisance which may be properly
assessed against each lot or parcel of land.
Section 5: The assessment of any special tax bill issued
pursuant to this ordinance or the filing of any suit to collect
such special tax bill shall not render any person immune from
prosecution for creating or maintaining a nuisance.
14.19 Penalty_ Any person who violates any ser_tion of
this chapter shall, upon conviction, shall be punished by a
fine of not less than One Dollar ($1.00) nor more than Five
Hundred Dollars ($500.00) or by imprisonment in the appropriate
jail for a term not exceeding ninety (90) days, or by both fine
and imprisonment. Each day a violation of this chapter
continues shall be deemed a separate violation for purposes of
this section.
14.20 Right to Appeal_ Any person affected by an Order of_
the Director of Public Safety issued pursuant to this chapter
may seek review of the Order before the F3oard of Aldermen.
Request for review of the Order_ must be filed with the City
Clerk within ten (10) days of service of the Notice and Order
of the Director of Public Safety.
14.21 Right to Petition for Injunction. In addition to
the remedies set .forth in this chapter, the City may petition
the Circuit Court of Platte County to enjoin any nuisanr_e or
threat to the public health, safety or welfare. The remedies
set forth herein are cumulative and not exclusive, and the City
may seek any legal or equitable remedy at its disposal,
regardless of whether it has exhausted any other remedy
available to it under this chapter.
14.22 Severability. This ordinance shall he deemed to be
in addition to and not in lieu of any other ordinance or code
in effect at the time of the adoption of this ordinance.
Should any section, sentence or clause of this ordinance be
declared invalid or unconstitutional, such declaration shall
not affect the validity of the remaining sections."
SECTION 2: The City Clerk is hereby directed to make the
appropriate changes in the River~si/de City Code.
T ,~/~ DAY OF /~''Z~_. ~.~C-. , 19~
PASSED THIS ~ 1 '~
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MAYOR
A~1~TEST:
Ci'~ ~" -
CI'PY CL ERE -
APPROVED THIS x ~~;>_d
`_
DAY OF !,~ }?;_.`:%It,f'ix'~ : , 19 ~' `/' .
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MAY R