HomeMy WebLinkAboutCityMgrForm.745.01-17-1973CITY MANAGER FORM ORDINANCE NO.--I�IS—
AN ORDINANCE REPEALING ARTICLE II OF CHAPTER 15 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AND A NEW
ARTICLE II, SECTIONS 15-14, 15-15, 15-16, 15-17, 15-18 AND
15-19 ENACTED IN LIEU THEREOF
NOW, THEREFORE, BE I^1 ORDAINED BY THE COUNCIL OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1. That Article II, Sections 15-14, 15-15,
15-16, 15-17 and 15-18 of the Code of Ordinances of the City
of Cape Girardeau, Missouri, are hereby repealed.
SECTION 2. That a new Article II, Sections 15-14,
15-15, 15-16, 15-17, 15-18, and 15-19 of the Code of Ordinances
of the City of Cape Girardeau, Missouri, are hereby enacted
reading as follows:
"Sec. 15-14. Defined.
The following are hereby declared to be nuisances:
(a) Any act done or committed or suffered to be done
or committed by any person, or any substance
or thing kept, maintained, placed or found
in or upon any public or private place within
this city which is injurious, dangerous,
annoying, unsafe, or offensive to the public.
(b) Any pursuit followed or act done or omission
failed to be done by any person which is
injurious, dangerous, annoying, unsafe, or
offensive to the public.
(c) Any building, bridge or other structure which is
unsafe, dangerous, injurious, unhealthy, offensive,
or annoying to the public.
(d) Any slaughterhouse, stockyard, or stable, cattle
yard, hog, sheep or cow pen, which is offensive,
injurious, obnoxious, unsafe or annoying to
the public.
(e) Any pond or pool of stagnant water or any foul
or dirty water or liquid discharged through any
drain pipe or spout or thrown into or upon the
street, alley, thoroughfare or lot which is
injurious, dangerous, offensive, unhealthy, or
unsafe to the public,
(f) Any obstruction caused or permitted on any street,
sidewalk, public or private alley, which is
injurious, dangerous, offensive, inconvenient,
unsafe, or unhealthy to the public.
(g) Any stone, dirt, filth, slops, vegetable matter,
animal matter, or other articles thrown or
placed in or upon any street, alley, sidewalk or
other public place which is injurious, dangerous,
obnoxious, unsafe, or offensive to the public.
(h) The placing or storage of any green or salted
hides which cause an odor, which is injurious,
dangerous, obnoxious, offensive, unhealthy or
unsafe to the public.
(i) Any animal or vegetable matter, or other
substance liable to become putrid, offensive or
unhealthy, which is injurious, dangerous,
unhealthy, unsafe, and offensive, to the public.
(j) Any cellar, vault, private drain, pool, privy,
sewer or sink, or container which may be sufficiently
tightly closed to cause suffocation, which is
injurious, dangerous, unsafe, or offensive to the
public health.
(k) Any tenement, boardinghouse or lodging house
in the city leased, let, rented or occupied by
any person for dwelling which is not sufficiently
lighted, ventilated, heated, or provided with
water, or kept in a clean and sanitary condition,
which is dangerous, injurious, obnoxious,
offensive, or unsafe to the public.
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(1) Any house or building or tank within the city
used for the special or exclusive storage of
powders or dynamite, with a glycerine, coal
oil or other explosive substance, detrimental
to the public health, or endangering human
life, or any house, building or store, wherein
small quantities of such explosives are kept,
exposed or insecure, or kept in any manner so
as to endanger the public.
(m) Any radio, television set or musical instrument
or device operated in such manner or at such
hours which are injurious, inconvenient,
obnoxious, offensive, or annoying to the public
or persons living or doing business nearby.
(n) Any growth of weeds, grass, or poisonous or
harmful vegetation to a greater height than
twelve (12) inches on the average within
two hundred (200) feet of any building or
one hundred (100) feet of any improved street,
or any accumulation of dead weeds, grass or
brush, within two hundred (200) feet of any
building or one hundred (100) feet of any
improved street."
"Sec. 15-15. Unlawful to cause, maintain within one
mile of city.
It is unlawful for any owner, lessee or occupant,
or any agent, servant, representative or employee of any
such owner, lessee or occupant, having control of any
occupied lot or land or any part thereof in the City of
Cape Girardeau, Missouri, or within one (1) mile of
the corporate limits of the City of Cane Girardeau,
Missouri, to permit or maintain a nuisance on any such
lot or land.
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"Sec. 15-16. 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 Manager shall have the authority to order the
Chief of Police or Health Officer or other City official
to immediately abate the nuisance in an appropriate manner."
"Sec. 15-17. Abatement; procedure.
Tf'nenever the city council receives notification
that a nuisance may exist, it shall proceed as follows:
(a) It shall investigate the same. The council may
order any person who has caused or is maintaining the
nuisance to appear before the council at such time and
place as the council may direct to show cause, if any,
why that person should not abate the nuisance. Every
person required to appear before the council shall have
at least ten (lb) days' notice thereof.
(b) Such notice shall be signed by the Health Officer,
Chief of Police, or City Manager and shall be served .
upon that person by delivering a copy thereof to the
person, or by leaving a copy at his 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 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 for one (1) 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 council.
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(c) If after hearing all the evidence the city council
determines 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 of within such other time as the council
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 council, and that a special tax bill
be issued for the costs of abating the nuisance.
(d) If the order has not been obeyed within the time
period set by the council, the appropriate city official
shall proceed to abate the nuisance in the manner provided
by the order of the council, and the cost of same, if
ordered by the council, 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.
(e) 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.
(f) 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."
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"Sec. 15-18. Abatement; weeds.
Notwithstanding other procedures for the abatement of
nuisances contained herein, the procedure for the abatement
of a nuisance defined in Section 15-14(n) shall be as
follows:
(a) The City Health Officer shall give a hearing
after ten (10) days' notice thereof served either
personally or by United States mail to the owner or
owners of the property, or his or their agents, or if
the owners and their agents are unknown, by the posting
of such notice on the premises. Following the hearing,
the Health Officer may declare the weeds to be a nuisance
and order the same to be abated within five (5) days.
(b) In the event the weeds are not cut down and
removed within the five (5) day period, the health officer
may have the weeds cut down and removed and shall certify
the cost of the same to the citv clerk.
(c) The city clerk shall cause a special tax bill
therefor against the property to be prepared and to be
collected by the collector, with other taxes assessed against
the property. The tax bill from the date of its issuance
shall be a first lien on the property until paid and shall
be prima facie evidence of the recitals therein and of
its validity and no mere clerical error or informality
in the same, or in the proceedings leading up to the
issuance, shall be a defense thereto.
(d) Each special tax bill shall be issued by the
city clerk and delivered to the collector on or before
the first day of June of each year. Such tax bills if
not oaid when due shall bear interest at the rate of
eight percent (8%) per annum."
"Sec. 15-19.
The provisions as contained herein for abatement of
nuisances shall not be exclusive, and the city may pursue
any additional remedies it may have as provided by law.
Upon trial and conviction for causing or maintaining a
nuisance, the cost of removing or abating the nuisance
may be made a part of the judgment by the police judge,
in addition to the fine imposed, provided, however, that
the said additional cost shall be in lieu of the issuance
of a tax bill as provided in Section 15-17 (d) and (e)
or Section 15-18 (c) and (d).
SECTION 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any Court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
SECTION 4. It is the intention of the governing body
and it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances, City
of Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
SECTION 5. This ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF 1973
ATTEST:
CITY CLERK
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MAYOR