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HomeMy WebLinkAbout1972-09 - Adoption of Chapter 14 of the Municipal CodeBILL NO.~~ ORDINANCE NO.~ 9 t AN ORDINANCE ADOPTING CHAPTER~14 TO THE CODE OF THE CITY OF '"'~~ RIVERSIDE ENTITLED NUISANCES. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: Section 1. Chapter 14 of the Code of the City of Riverside is hereby adopted and a copy of such is attached hereto. Section 2. The City Clerk is hereby directed to add this ordinance to the city code PASSED THIS 6th DAY OF JUNE, 1972. ~/ MAYO ATTEST: CITY CLERK APPROVED THIS 6th DAY OF JUNE, 1972. ~. MA 0 ' CHAPTER 14 ~~ H>~~ NUISANCES I N D E X 14.7. Definition of Nuisances 14.2 Accumulation of Waste, Refuse, Ets. 14.3 Liquid Refuse 14.4 Abandoned, Wrecker or Inoperable Motor Vehicle 14.5 Storage of Personalty 14.6 Weeds or Grass 14.7 Stables, Sheds, Buildings, Etc. 14.8 Defective Drains, Septic Tanks, Etc. 14.9 STagnant Pool or Ponds 14.10 Carcass of Animals ~~ 14.11 Substancos Omitting Noxious Odors 14.12 Interferring With the Gutter, Sewer or Natural Drainage. 14.13 Water Pollution 14.14 Paintinf Signs on Property Without Consent of Property Owner 14.15 Authority of Chief of Police 14.16 Notice to Owner, Etc. of Premises, to Remove. 14.17 Removal By City Upon Property Owners Refusal, 14.18. Collection of City's Expense in Removing Nuisance. 14.19 Assessment of Cost Not to Render Person Immune from Prosecution 14.20 Penalty .~-'1 CIIAP7'ER 14 NUISANCES 14.1 Definition of Nuisance: Section 1: No person shall permit, cause, keep, maintain or do any nuisance as defined by the laws of the state or ordi~iances of the City or cause to b© committed, caused, kept, maintained or done, any such nuisance within the city limits of the City of Riverside, Missouri. Section 2: No owner, occupant or person in charge of any house building, lot or premises shall cause or allow any nuisance to be or remain in or upon any such house, building, lot or premises. 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. 14.2 Accumulation of Waste, Refuse, Etc: Wherever there shall be found in or upon any lot or piece of ground an accumulation of vegetable waste, litter, garbage filth or refuse or any rags, damaged merchandise, wet, broken or leaking barrels, casts or boxes or any materials which are offensive, or which tend to decay, or become putrid or unwholesome, the same, wherever found shall be deemed a nuisance and ~.' dangerous to the public safety and are hereby prohibited. 14.3 Liquid Refuse: All slop, foul or dirty water, liquid or beer washing, all filth, refuse or offal, discharge through drains or spouts or otherwise thrown or deposited in or upon any street, sidewalk, lot, park, public square, public enclosure .. ~ ,•. I' '~~~ ~.• t ...,. ~~ Section 2. Abandoned vehicle shall mean any vehicle ~~ which is left at any place for such time and under ;..~: such circumstances as to cause such vehicle reasonably to ,; • ',,, appear to have been abandoned. Inoperable motor vehicle ,,~~ ~'~~' ,' shall mean any vehicle which from a period of at least the ,',~', ~ last 30 days, the engine, wheels or other parts have been .' ,~r. ' , •~altered,•damaged or otherwise segregaged and the vehicle ~~. ~' • is incapable of being driven under its own motor power. ' The term inoperable motor vehicle shall not include ~~ a motor vehicle which has been rendered temporarily in- ' ~~ capable of being driven under its own power in order to ' perform ordinary services or r8pair operations, nor ' any motor vehicles that are kept within a building when not in use, and historic vehicles over 25 years of age, ' ~ or to any vehicle inside an enclosed building. A wrecked vehicle shall mean a vehicle that is do damaged that it is incapable of being operated. ;, Vehicle, as used in this chapter, sh~l mean any vehicle designed to travel along or over the ground by use of wheels, treads, runners, slides and transports persons or property-and shall include without limitation, automobiles, trucks, motor vehicles, tractors, wagons, buggys, bicycles or any part or portion thereof. ~ .~ ~ , _~ :~~ ~,: ~' ~ ~ or any pond or pool of water, is hereby declared a ~; ~. ~~:'• nuisance and dangerous to the public safety and . ~, hereby prohibited. ;, - ~. 14.3 a. Above Ground Gasoline Storage. .< , . ;, ,. ` ~ Section 1. ~No above ground gasoline storage ' ~~' ', ~ ~ tanks shall be permitted. • ~'' ~~ ~`' Section 2. Any above ground storage tanks .~..;; ~~ ' ~'. of gasoline now existing shall be considered anon conforming use and the maintenance of { ~~~ said existing storage facilities :~;"-, ''' ~ shall not be an ordinance violation ' or grounds for action pursuant to Section '~ 14.15 through 14.20 of this code. Section 3. No existing above ground storage of gasoline shall be added to . or replaced. 14.4 Abandoned, Wrecked or Inoperable Motor Vehicle: ~,'~~. Section 1. All abandoned, wrecked or inoperable 1' ~;~,,'~.,.motor vehicles as defined by this ordinance are hereby r_ ~.. declared to be nuisances. t ~; , ,: , _~ 1 (_, , ' i j • i J ,.. '. or any pond or pool of water, is hereby declared a nuisance and dangerous to the public safety and hereby prohibited. ~,~ - 14.4 Abandoned, Wrecked or Inoperable Motor Vehicle: Section 1: All abandoned, wrecked or inoperable motor vehicles as defined by this ordinance are hereby declared to be nuisances. Section 2: Abanrlened vehicle shall mean any vehicle which is left at any place for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned. Inoperable motor vehicle shall mean any vehicle which from a period of at least the last 30 days, the engine, wheels or other parts have been altered, damaged or otherwise segregated and the vehicle is incapable of being driven under its own motor power. The term inoperable motor vehicle shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary services or repair operations, nor any motor vehicles that are kept within a building when not in use, and historic vehicles over 25 years of age, or to any vehicle inside an enclosed building. A wrecked vehicle shall mean a vehicle that is so damaged that it is incapable of being operated.. Vehicle, as used in this chaffer, shall mean any vehicle designed to travel along or over the ground by use of wheels, treads, runners, slides and transports persons or property and shall include without limitation, automobiles, trucks, ' motor vehicles, tractors, wagons, buggys, bicycles or any part or portion thereof. 14.5 Storage of Personalty. • :. Unsheltered storage of old, unused, stripped, junked machinery, implements and or equipment and personal property of any kind which is no longer safely usable for the purpose for w]iich it is manufactu~ei for a period of 30 days of more (except in licensed junk yards) within the corporate limits of the city is hereby declared to be a nuisance and dangerous to the public safety and prohibited. This shall include but is not limited to the. keeping or the depositing on or the scatter- ing over the premises of any of the following: a. lumber, junk, trash or debris b. abandoned, discarded or unused objects or equipment such as freezers, cans or containers. 14.6 Weeds or Grass. All growing weeds or grass on any lot 'or parcels•of ground or vacant or occupied property or on ground adjoining a sidewalk, having attained the height of 18 inches or more shall be deemed a nuisance and dangerous to the public safety and prohibited. The word weeds as used herein shall be held to include all vegetable growths except cultivated plants, trees and shrubs. 14.7 Stables, Sheds Buildings, Etc. All stables, sheds or apartments in which a horse, cow, swine 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 therefrom is hereby de- clared to be a nuisance and dangerous. to the public safety and pro- hibited; 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 thereof. It is deemed necessary for the preservation of the health and safety and for the best interest of the citizens of the City of Riverside that any building that has been so damaged by fire or other casualty as to be untenantable be either repaired, razed or boarded up and barricaded within a reasonable time thereafter if said binding be left unattended. ,.. ' 14.8 Defective Drains, Septic Tanks, Etc. (1 1 Any unclean, stinking, foul, defective or filthy .drain, ~ ditch, septic tanks or gutter or any leaking, broken garbage box or receptacle of like character, whenever and where ever found within the city shall be deemed a nuisance and dangerous to the public health and prohibited. 14.9 Stagnant Pool or Ponds. 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 wherever located on any plot or piece of ground within the city shall be deemed a nuisance and dangerous to the public health and prohibited. 14.1U Carcass of Animals. All carcasses of animals remaining exposed six hours Q after death are hereby declared to be a nuisance and dangerous to the public health and prohibited. 14.11 Substances Omitting Noxious Odors. All substances which emit or cause any foul, noxious, unhealthy or disagreeable odor or effluvia in the neighborhood where they exist is hereby declared to be a nuisance and dangerous to the public health and prohibited. 14.12 Interferring With The Gutter, Sewer or Natural D~eainage. It is hereby declared a nuisance for any person to interfer with or obstruct without legal authority any gutter, conduit, sewer or other outlet for water or natural drainage upon any public or private property. 14.13 Water Pollution. It is hereby declared to be a nuisance for any person to corrupt or render unwholesome or impure the water . Y l ~1 of an s rin y p g, river, stream, pond or lake. 14.14 Paintimg Signs on Property Without Consent of Property. ner. It is hereby declared a nuisance for any person to advertise wares or occupations by painting notices of same on or affixing them 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. 14.15 Authority of Chief of Police. The chief of police is hereby empowered to abate or remove either by draining, filling, purifying, removing, burning or discontinuing any nuisance from any cause whatsoever. (~ 14.16 Notice to Owner, Etc. of Premises, to Remove. The chief of police shall, before proceeding to abate or remove any nuisance, notify the. owner, tenant, lessee or occupant, or his agent, employe or manager, having charge or, doing business in or occupying any house or building of any kind or any vacant lot, yard or piece of ground in or on which any nuisance exists or in case the nuisance exists in the public street or alley .the chief of police shall notify the person responsible for the existence and condition of the nuisance to abate, discontinue or move the same, which notice shall be served in the same amnner as writs of summons areserved 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 Board of Aldermen shall c~~se such notice to be mailed to such ;owner, tenant, .~ ,.. _ lessee, or occupant addressed to the last known address. 14.17 Removal By City Upon Property Owners Refusal.~e-B~`Sb. If such nuisance shall not be abated, discontinued or moved within three days after the service of such notice or within ten days after the mailing of such notice the chief of Police may proceed to abate and remove such .nuisance. 14.18 Collection of City's Expense in Removing Nuisance. The chief of police shall keep an accurate record of the cost of removing the weeds and abating nuisances herein defined. The chief of police shall report the costs thereof to the Board of Aldermen. .The Board of Aldermen shall then proceed to levy and assess the costs as a special tax against Q each lot or parcel of land from which the weeds are removed or from which the nuisance was abated, according to the amount of labor and material so used or expended in the removal and abatement of the same 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 amnner and with the same effect as special tax bills are for paving and shall be payable within 30 days after the date thereof, and if not so paid, shall bear interest thereof at the rate of eight per cent (8~) per annum until paid. It shall be the duty of the ~---~ .city clerk to keep all records as certified by him by the Chief of Police, prepare all books and accounts showing in detail the Nejcpenditures of the above mentioned work and charges .M ( ~ which may be properly assessed against each particular lot ~~~ or parcel of land. As a part of the cost of cutting and removing such weeds or brush and abating nuisances each such special tax bill shall include the charge of $1.65 for inspecting, making and recording the bill and a further charge d~f 35¢ for collecting. Each special tax bill shall be issued by the city clerk. 14.19 Assessment of Cost Not to Render Person Immune from Prosecution. The assessment of any special effects for the abating of a nuisance or the bringing of any suit for the cost of the abating the nuisance shall in no way excuse or render immune from prosecution or fine any person found guilty of creating or maintaining a nuisance. Penalt 14.20/-z~ty~PSOn violating any of the terms of this ordinance shall upon conviction be fined by a fine of .not more than $500.00 or by imprisonment of not more than three month or by both such fine and imprisonment. ;~