City of Parnell Nuisance Ordinance

Full Text of the City of Parnell Nuisance Ordinance, enacted in 2004:

Bill No. 1, Ordinance 2004-01

AN ORDINANCE TO AMEND THE 

MUNICIPAL CODE OF THE 

CITY OF PARNELL BY ADOPTION

CHAPTER 100: NUISANCES

ARTICLE I. VEHICLES

SECTION 100.010: DEFINITIONS

The following words when used in this Chapter shall have the meanings set out below:

VEHICLE: Any machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners, or slides, including but not limited to automobiles, trucks, trailers, motorcycles, all-terrain vehicles, tractors, buggies, riding lawnmowers, wagons and the like, or any part thereof.

PROHIBITED VEHICLE: Any vehicle described as an abandoned vehicle, elevated vehicle, junk vehicle, or a vehicle that is not properly registered (unlicensed) with the State of Missouri.

1. Abandoned vehicle: Any vehicle that has been left unattended on any right of way of the City for more than fifteen (15) days and which has been determined to be an abandoned vehicle.

2. Elevated or undrivable vehicle: Any vehicle, licensed or unlicensed, which is raised, but not supported under the axles, or is raised to a height where the tires are more than two inches off the ground.

3. Junk vehicle: Any vehicle that is damaged, stripped, or wrecked, has missing wheels or tires, flat tires, or broken or missing window glass.

4. Unlicensed vehicle: Any vehicle that does not have showing a current state licence place, or is improperly registered. One and only one unlicensed vehicle shall be allowed to exist on private property outside of an enclosed structure.

JUNK: Any metal, glass, paper, wood, machinery parts, cloth, or other waste or discarded material of any nature or substance whatsoever, or scrap or salvage materials.

PERSON: Any person, firm, partnership, association, corporation, or other organization of any kind.

PROPERTY: Any land owned by the City or land located within the city limits, not including streets and highway.

STREET OR HIGHWAY: The entire area of right of way in connection with any street or highway, including the area commonly known as the parkway, as well as that portion of right of way used for vehicular traffic.

SECTION 100.020 PROHIBITED VEHICLES DEFINED AS A NUISANCE

It shall be unlawful for any person to create or maintain a nuisance. Any prohibited vehicle, part thereof, or junk, located on any property, including that of the owner, street, or highway, or one which presents a hazard to children or harbors tall grass, weeds, or other vegetation, or creates a fire hazard, or affords a breeding place or testing place for mosquitoes, flies, rodents, rats, or other vermin is hereby declared to be a nuisance. The City of Parnell shall allow (1) one, and only (1) one “elevated or undrivable” or “junk” vehicle to exist on private property.

The following shall be exempt from this section:

1. Vehicles or parts thereof, that are in disrepair and are located on the premises of a duly licensed automobile repair or sales business for a period not to exceed (3) months.

SECTION 100.030: NOTICE

Whenever the Board of Aldermen or its duly authorized representative determines that any vehicle or junk is a nuisance as defined herein, he shall cause written notice to be served upon the owner of such vehicle or junk, if he can be located, or the person in custody of such vehicle or junk by registered mail or by personal service. The notice shall state that the vehicle or junk is determined to be a nuisance, and shall briefly state facts deemed to constitute such vehicle or junk a nuisance within the terms of this Chapter, and state that the nuisance shall be abated within seven (7) days from the date this notice was posted, or if the vehicle is on public property, within two (2) days of the date the notice was posted.

SECTION 100.040: REMOVAL AND DISPOSITION

If not removed within the times specified in the notice, the vehicle or junk shall be transported to a storage area by or at the direction of the Board of Alderman or its duly authorized representative at the expense of the owner or person in custody thereof. It shall then be stored for a period of not less than thirty (30) days, and the person entitled to possession thereof may redeem the property by payment to the Board of Aldermen of the actual cost of its removal and a reasonable storage fee. If the vehicle or junk is unredeemed after the period set by the Board of Aldermen, but not less than thirty (30) days, the Board of Aldermen may direct that it be sold to the highest bidder, or, if it has no sale value, may otherwise dispose of it. Any money received from disposal of any vehicle or junk shall be applied to the expenses charged to the owner or person in charge thereof.

SECTION 100.050: NOTICE OF SALE

Prior to the sale of any such property, the Board of Aldermen shall cause to be posted at City Hall (or wherever the meetings of the Board are held), place of storage, and at least one (1) other public place in the City, a notice of sale stating as follows:

1. That the City is selling abandoned property.

2. The color, make, year, motor number, and serial number, if available, and any other information necessary for an accurate identification of the property.

3. The terms of the sale.

4. The date, time, and place of the sale.

5. This notice shall be published not less than ten (10) nor more than thirty (30) days prior to the date of this sale.

ARTICLE II. MISCELLANEOUS 

NUISANCES

SECTION 100.060 MISCELLANEOUS ENUMERATED NUISANCES

It shall be unlawful for any person to create or maintain a nuisance within the City. The following are hereby deemed and declared to be nuisances:

A. Any lot or land which has the presence of debris of any kind, including, but not limited to weed cuttings, cut and fallen trees and shrubs, rubbish and trash lumber not piled or stacked twelve (12) inches off the ground, rocks or bricks, tin or steel, parts of cars and trucks, broken furniture, any flammable material which may endanger public safety or any material which is unhealthy or unsafe is hereby declared to be a public nuisance.

B. 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 non-infected trees, shrubs or other vegetation.

C. Any furniture, including sofas, divans, recliners, and similar objects, which are not designed for outdoor use, but which are maintained or located on any porch, lawn, parking lot, driveway, or public right-of-way.

D. Heavy waste accumulations such as brick, broken concrete, lumber, ashes, dirt and plaster, sand or gravel, automobile frames and parts, dead trees and other bulky heavy materials.

E. All manufactured homes or other transportable residential structures that are in such a state or disrepair as to be a detriment to the public health, safety, and welfare.

F. All manufactured homes or other transportable residential structures that are in such a state of disrepair as to be uninhabitable and are a detriment to the public health, safety, and welfare.

G. All carcasses of animals remaining exposed for twelve (12) hours after death.

H. All substances which emit or cause foul, obnoxious, unhealthful, or disagreeable odor or effluvia in the neighborhood where they exist, including any horse confinement facility or other facility where manure is allowed to exist as a nuisance.

I. All articles or things whatsoever caused, kept, maintained or permitted by any person to the injury, inconvenience, danger, detriment or annoyance of the public health, safety, or welfare.

SECTION 100.070: PUBLIC NUISANCES – LIEN AND ABATEMENT

A. Upon notice of the existence of a violation of Section 100.020, the Board of Alderman or its designee shall notify the owner of the lot or land of the violation and directing that the owner comply with the provisions of this Section by commencing abatement of the public nuisance and pursuing the same without unnecessary delay. Said notice shall direct the commencement of the abatement process within a time period from receipt of the notice, not to exceed seven (7) days. Said notice shall be made by certified mail to the last known address of the owner or the owner’s local agent, or by service of the notice personally to the owner or the owner’s local agent.

B. The owner of the lot or land shall commence removing the nuisance within a specific time provided in the notice provided herein, which shall be not greater than seven (7) days from receipt of the notice, and shall pursue the removal of such nuisance without unnecessary delay.

C. In the event the owner fails to satisfy the provisions of this Section, the Board of Aldermen or its designee shall cause the condition which constitutes the nuisance to be removed. The cost of said removal shall be certified to the City Clerk, who shall cause the certified cost to be included as a special tax bill or added to the annual real estate bill for the lot or land, at the option of the City Clerk. The certified cost shall be collected in the same manner and procedure for collecting real estate taxes.

D. If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws applicable to delinquent and back taxes.

E. Said tax bill, if not paid when due, shall bear interest at the statutory rate per annum until the bill and accumulated interest are satisfied.

F. In addition to any other provision for collection authorized, the tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien against the lot or land until satisfied.

SECTION 100.080: PENALTY

Nothing in this Section shall limit or deny the authority of the City to seem remedies for the violation of this or any other applicable ordinance, whether exercised concurrently or independently, including actions for violation of a City ordinance, whether in Municipal Court or through an injunction. Any person who violates any provision of this Chapter shall be punished by imprisonment not exceeding a fine of five hundred dollars ($500.00) and costs, or ninety (90) days imprisonment, or both such fine and imprisonment. Each day that a violation exists shall be considered a separate, punishable violation.

SECTION 2: This Ordinance shall be in full force and effect from and after its passage and adoption.

PASSED and ADOPTED by the Board of Aldermen of the City of Parnell this 1st day of June, 2004.

AYES (4): Anna Mae Parker, Douglas Rush, Marvin Schmitz, Bernard Welch

NAYS (0)

Passed this 1st day of July, 2004

(Signed)

Fred M. Breit, Mayor

[SEAL]

Attest:

Joanne M. Schmitz

City Clerk