AN ORDINANCE DECLARING OFFENSIVE CONDITIONS AND NUISANCES AND PROVIDING FOR THE ABATEMENT THEREOF
Be it Ordained By The Board Of The City Of Browning, Missouri, As Follows:
SECTION I.
A. The following are hereby declared, defined and deemed to be nuisances for the purposes of this Ordinance; provided, however, that the following shall not be deemed to be exclusive:
1. All substances which emit or cause foul, obnoxious, unhealthful or disagreeable odor, smoke, or effluvia, in the neighborhood where they exist.
2. All carcasses of animals remaining exposed for one (1) hour after death.
3. Any growth of weeds, grasses or bushes to a greater height than twelve (12) inches; provided that this shall not apply to planted and
cultivated flowers, shrubbery or other landscaping.
4. All slop, foul or dirty water, 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.
5. All articles or things whatsoever, caused, kept, maintained or permitted by any person to the injury or danger, or the public health
safety or welfare.
6. The keeping or allowing to remain on any premised any trees, shrubs or other vegetation infected with fungus or other diseases
that will or might spread to other noninfected trees. shrub, other vegetation.
7. The keeping or allowing to remain on any premises any debris, junk, trash or materials which harbor or is likely, from its
quantity and condition, to harbor vermin or snakes.
SECTION II.
A. No person shall permit, cause. keep maintain or do any nuisance or contribute to the same as defined by the laws of this state, or provisions of this Ordinance of the city, or cause or permit to be committed, caused, kept. maintained or done or contribute to the committing, causing, keeping or maintaining any such nuisance within the the corporate limits of the city.
SECTION III.
A. Whenever the Board of Aldermen shall ascertain or have knowledge that a nuisance exists in or upon any house, building, lot or premises within the city. it 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; provided, however. that when the owner of the property is a nonresident of the city and no person occupies, possesses or controls such building, lot or premises. no notice need be served on such owner if the Board of Aldermen shall first find and declare that ;the abatement of such ;nuisance is required for the protection and preservation of the public health, safety and welfare and that an emergency exists for the abatement of such nuisance.
SECTION IV.
A. If the owner or person occupying or having possession and control of any premises upon which a nuisance exists in violation of this Ordinance does not abate the same within the time stated in the notice to abate such nuisance the city may enter upon such premises and abate such nuisance. The costs and expenses of such abatement by the city shall, like taxes, be a first lien on the property affected thereby until paid.
SECTION V.
A. Any person who shall be notified to abate a nuisance, and who shall fail, neglect or refuse to obey and comply with the provisions of such notice within the time therein specified, shall be deemed guilty of a misdemeanor and shall be fined not exceeding $__________ for each day of such violation.
SECTION VI.
A. Charges for weed removal shall be a lien upon the premises. When ever a bill for such charges remains unpaid for ninety (90) days after it has been rendered. the clerk may file with the county recorder of deeds a statement of lien claim. This statement shall contain a legal description of the premises, the expense and costs incurred and the date the weeds were cut, and a notice that the city claims a lien for this amount. Notice of such lien claim shall be mailed to the owner of the premises at his last known address. Provided, however, that failure of the clerk to record such lien claim or to mail such notice, or the failure of the owner to receive such notice, shall not effect the right to foreclose the lien for such charges as provoided in the following
sub-sections:
l. Property subject to a lien for unpaid weed cutting charges shall be sold for nonpayment of the sane and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in equity in the name of the city.
2. The city attorney is hereby authorized and directed to institute such proceedings, in the name of the city, in any court having jurisdiction over such matter, against any property for which such bill has remained unpaid ninety (90) days after it has been rendered.
SECTION VII.
A. This Ordinance shall be in full force and effect from and after its passage. Read three times and passed by the Board of Aldermen of the City of Browning, Missouri, this 8th day of July , 1987.
CITY OF BROWNING
Roy J. Moore * Mayor ATTEST: Nancy Smith * City Clerk
CERTIFICATE
I, the undersigned Clerk of the City of Browning, Missouri, certify that the above and foregoing is a true and correct copy of Ordinance No. 187 of said City of Browning, Missouri, as the same appears of record in my office and as it was adopted and approved by the Board of Aldermen of the City of Browning.
Nancy Smith * City Clerk
SEAL
*signatures