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Section 18-4: Abandoned property and motor vehicles
The following definitions shall apply to this section:
Abandoned motor vehicle means a motor vehicle that is in such a state of disrepair that it is incapable of being moved under its own power as it exists or is partially disassembled.
Rubbish means any combustible or noncombustible materials which have an unpleasant odor and/or are detrimental to adjacent property values, or detrimental to the health or welfare of persons in the neighborhood in which the rubbish is located.
Operable means able to function in the manner for which the vehicle was originally designed for, and able to pass the M.V.I., as it presently exists.
Properly surfaced means graveled, asphalt, concrete or any other appropriate hard-paved surface.
It shall be unlawful for any person owning or in possession, control or management of any lot, building or other premises within the city to suffer, cause or permit to exist in or upon such lot, building or other premises, any abandoned motor vehicle, stove, refrigerator, garbage, rubbish, or other discarded articles and the presence of same is to be a nuisance.
Operable motor vehicles, except as provided for in other regulations, not more than one currently unregistered or un-inspected, inoperable motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled. Exception: A vehicle of any type is permitted to be stored and/or to undergo major overhaul, including body work, provided that such work or storage is within a structure or similarly enclosed area designed and approved for such purposes. These regulations do not affect the storage of vehicles on property that complies with applicable zoning or license requirements, such as repair garages, salvage yards and similar establishments.
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Section 18-6: Porch Nuisance
Storage of junk, debris, appliances, interior style furniture or other items not specifically designed for outdoor use on porches, decks and other areas visible to the public is declared to be a nuisance. The following items are permitted and shall not be deemed a nuisance: barbecue grills, lawn and patio furniture and chairs, porch swings and other items specifically designed by the manufacturer for outdoor use. Any discrepancy between the city code enforcement office and the homeowner or person in possession of the premises charged with violating this section, regardless of whether the items declared to be the basis of the nuisance were manufactured for outdoor use, shall be resolved by the Court. However, the burden of establishing that the item(s) involved are "manufactured for outdoor use" shall be on the owner or person in possession of the premises alleged to be a nuisance and violation of this Section.
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Section 18-27: High Weeds and Grass Prohibited - Nuisance Declared
Any owner, lessee or occupant, or any agent, servant, representative or employee of any such owner, lessee or occupant, having control of any lot of ground or any part of any lot who shall allow or maintain on any such lot any growth of weeds or grass to a height of ten (10) inches or more, shall be deemed guilty of a misdemeanor. Whenever private property abuts a public right-of-way or easement belonging to the City of Moberly, or any public entity, and there exists in such right-of-way or easement a tree lawn or grassy area between the private property line and the midline of said right-of-way or easement, then such tree lawn or grassy area shall be considered, for purposes of this Section requiring cutting of grass and weeds, to be a part of the private lot which abuts the right-of-way or easement, and it shall be the duty of those responsible under this Section for the maintenance of the private lot to equally maintain the tree lawn or grassy area within the abutting right-of-way or easement, and all of the provisions of this Section shall apply with equal force and effect to said tree lawn or grassy area.
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Section 59: Prohibited Signs
Any sign installed or placed on public property, except in conformance with the requirements, shall be forfeited to the public and subject to confiscation, except that logo signs on public athletic fields shall be allowed. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.
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Section 60: Temporary portable display signs, with or without wheels attached
Portable display signs shall be allowed on a premises in a commercial or industrial zoning district for not more than fourteen (14) consecutive days, and no more than thirty (30) days in a twelve (12) month period.
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Section 24-4: Littering - Generally
No person shall cart, place, sweep or deposit anywhere within the city any garbage, trash or refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, sewer, parkway or other public place or upon any occupied premises within the City. No person shall throw or deposit any garbage, trash, refuse or yard wastes in any watercourse or stream, pond, body of water or ravine within the city. No person shall throw, place, sweep or deposit any waste, such as refuse, dirt, rags, papers, dead grass, grass clippings, dead limbs, leaves, brush, logs, weeds, foliage, shrub cuttings or clippings into the streets, alleys or ditches along the streets of the city. It shall be unlawful for any person to dispose of solid waste at any facility or location which is not approved by the city and the State Division of Health.
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Section 26: Sub-section (W), Item 6: Garage Sales
Garage or porch sales: The sale of used or second-hand merchandise shall be permitted in any residential district providing that such use shall not exceed three (3) consecutive days in duration, nor occur more than twice during a twelve (12) month period at one (1) residence, excluding city-wide sales.
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Section 16-326: Parking
Parking in the front yard. Parking a motor vehicle, utility trailer, house or vacation trailer, boat or other similar vehicle in the front yard shall be prohibited, except in proper driveways. The side yard and rear yard areas may be used for parking of such vehicles unless otherwise prohibited by Ordinance.
Definitions. For the purpose of this section, driveway shall mean that part of the passage located on private property that provides vehicular ingress and egress to a property fronting on a public street. Driveways shall be constructed of a hard paved surface in a subdivision or other areas where required. Such a driveway shall not exceed the following maximum width.
(1) Property frontage of up to fifty (50) feet, the maximum width for one (1) driveway shall be
twelve (12) feet.
(2) Property frontage of over fifty (50) feet to seventy-five (75) feet maximum width shall be
twenty-two (22) feet.
(3) Property frontage of over seventy-give (75) feet maximum width shall be twenty-four (24) feet.
Side and Rear Yards. Any operable vehicle may be parked or stored within a side or rear yard parking and storage area, subject to the conditions and limintations set forth in this section. No vehicle or equipment shall be parked or stored within five (5) feet of any door, window or other opening of the dwelling which provides light, air, entrance to or exit from the dwelling necessary to or which serves the health, safety and general welfare of the occupants of the dwelling or lot. The ground area of any such parking and storage area (or if there is more than one (1) such area the total ground area of all such parking areas) shall not occupay more than ten percent (10%) of the required minimum lot size prescribed by the district and other regulations of this Ordinance applicable to the lot; provided, that no part of the required rear yard of a through lot shall be occupied if the rear lot line abuts a street. No vehicle or equipment shall be parked or stored in any part of the required street side yard of a corner lot prescribed in the zoning Ordinance for the district and other regulations of this Ordinance applicable to the (corner) lot. No vehicle or equipment shall be parked or stored within five (5) feet of the rear lot line or within three (3) feet of the side lot line. Provided, that such distance or space clearance requirements shall not apply where a wall, of one (1) hour fire resistive material, is constructed on the lot line adjacent to the parking area or between the parking area and the lot line, the height of which shall equal the height limits for walls applicable at the location of such wall. No vehicle or equipment shall be parked or stored on an unimporved area of yard (See Ordinance: Parking In Yard)
Parking in Driveways. No vehicle shall be parked or stored on any sidewalk or other area of the street right-of-way at the entrance of the driveway to the lot without written approval from the City Council, except to the extent that it is necessary to temporarily leave a vehicle standing in such area in order to open or close a door or other enclosure to a garage, carport or parking area on the lot, or to accomplish other similar necessary actions incidental to the ingress or egress of the vehicle to or from the lot, provided that any such temporary standing of a vehicle in any such area of the street is not a hazard to pedestrians, motorists or vehicles on the street and is not in violation of any traffic or street parking regulation imposed pursuant to the zoning or vehicle code.
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Section 16.327: Parking on the Right-of-Way Prohibited
No motor vehicle shall be parked on residential or commercial right-of-way within the city of Moberly, Missouri, except where other areas of adequate parking are not available. In situations where it is determined that there are no adequate parking alternatives, the Council may approve parking in the right-of-way, provided that it is not within the sight triangle of an intersection, the area is of sufficient size to prevent the vehicle from extending over the sidewalk and/or street when parked and that the area is surfaced to the city's specifications.
Specifications for parking area in the right-of-way. A parking area may not cover more than twenty-five (25) feet of right-of-way relative to any one (1) parcel of property. A parking area must be hard surfaced with concrete or asphalt to the city's requirements.
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Section 38(D): Item 2 and 3: Parking Lot Regulations
Facilities in operation prior to December 1, 2002, will be considered nonconforming uses. These lots will be required to maintain their existing, open, off-street parking and driveways in a weed-free, dust-free environment. Any expansion of parking will require the existing facility to meet new commercial facility requirements. Upon the sale, lease, and/or change of use of an existing facility that maintains a nonconforming parking and/or driveway, the owner must notify the buyer of said property of Buyer's responsibility to comply with the City's surfacing requirements for a New Commercial facility.
Single Family and duplex residences. All new single and duplex residential properties shall be required to improve no more than seventy-five (75) feet of drive from edge of the paved street onto their lot or parcel with an all-weather material, such as asphalt or concrete as specified by the City. Existing single familly residences may not extend or create new gravel areas, but may only maintain existing graveled surfaces as set out in this Article.
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Paving Requirements
Existing commercial facilities in operation prior to December 1, 2002 will be considered noncorming uses. Any expansion of parking will require the existing facility to meet new commercial facility requirements.
New commercial facilities include the change of ownership and/or occupancy of an existing facility. Multi-structure, multi-family housing developments are included in this requirement.
All new commercial facilities within the City Limits of Moberly shall be required to have all open, off-street parking, and driveways graded and improved with an all-weather material, such as asphalt or concrete as specified by the City.
The minimum parking lot size requirements is based on Article 7 - Offstreet Parking and Loading Regulations of the City of Moberly Zoning Ordinance.
All entrances across City Right-of-Way require a minimum of 4" compacted rock with 6" reinforced concrete or 7" plain concrete pinned to adjoining concrete surfaces.
New Single Family and duplex residence properties shall be required to improve no more than 75 feet of drive from edge of the paved street onto their lot or parcel with an all-weather material, such as asphalt or concrete as specified by the City.
Existing Single Family residences may not extend or create new gravel areas in the front or side yards. Gravel parking areas may be added or extended in the rear yards only, on corner lots the rear yard is defined as the portion of yard that is between the wall of the house that is closest to the rear property line.
Driveway entrances shall not exceed the following minimum width:
Property frontage up to fifty feet (50') the maximum width for one driveway is 12'.
Property frontage up to seventy-five feet (75') the maximum width for one driveway is 22'.
Properrty frontage up to seventy-five feet (75') the maximum width for one driveway is 24'.
All paving must be completed before a Certificate of Occupancy can be issued.
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Paving Extension Guidelines
Commercial and/or residential properties that fall under the paving requirements and need to occupy a facility which is completed except for the paving, may request a temporary certificate of occupancy and complete a PEA (Paving Extension Agreement).
The PEA will allow the paving time frame to be extended up to two (2) years beyond the issuance of the Temporary Certificate of Occupancy. The applicant must post a cash bond in the amount of 25% of the estimated cost of the paving for each 6 months of extension desired (i.e. 6 months = 25%, 2 years = 100%).
Upon the completion of the paving, the deposit will be refunded. If for some reason, the applicant feels like they cannot complete the paving within the allotted time (if less than 2 years), the applicant may revise the PEA, pay the additional deposit and extend the extension up to a total of two (2) years at any time.
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Sections 6-133 through Section 6-150.2: Occupancy Inspections
The purpose of this Ordinance is to protect the public health, safety and general welfare of the people in the City in all residential dwellings, including:
(1) To protect the character and stability of residential areas;
(2) To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well being of persons occupying the dwellings;
(3) To provide minimum standards for cooking, heating and sanitary equipment necessary to health and safety;
(4) To provide minimum standards for light and ventilation, necessary to health and safety;
(5) To prevent the overcrowding of dwellings by providing minimum space stardnards per occupant for each dwelling unit;
(6) To provide minimum standards for maintenance of existing residential buildings and to thus prevent slums and blight;
(7) To preserve the value of the land and buildings throughout the City;
(8) In addition to items to be examined at the dwelling, as referred to in this policy, the City Inspector also shall inspect water infrastructure leading to the home. This infrastructure includes the water meter and the water line leaving the water meter box. This inspection is necessary in order to confirm these items are in compliance with City standards. City water for the dwelling shall not be turned-on until this water infrastructure and all other items referred to in this policy are inspected and approved by the City Inspector.
(9) In addition to the requirements of this article, all the City Codes and Ordinances shall comply. With respect to rental disputes, except as otherwise specifically provided by this Ordinance, it is not the intention of the City Council to intrude upon contractual relationships between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbitrator, nor to be receptive to complaints from tenant or landlord, which are not specifically and clearly relevant to the provision of this Ordinance. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of city government.
Section 6-134: Permit Required
It shall be unlawful for any person, firm or corporation to conduct or operate or cause to be occupied either as owner, lessee, agent or manager within the City any residential units used for human habitation "eithout having first obtained a permit" to do so as provided in this Ordinance. A unit is a family occupancy, or a sleeping room of a facility, a boarding house or a dwelling. This Ordinance shall not apply to hospitals, nursing homes or other dwellings used for human habitation which offer or provide medical or nursing services or hotels, motels or dormitories if such units are subject to other City, State or Federal licensing or regulations concerning the safety of the users, patients or tenants, or where owned and inspected by the City Housing Authority.
Section 6-135: Application
From the effective date of this Ordinance (May 24, 2007), prior to occupying any dwelling unit, the owner of such dwelling shall make written application for a permit for such use on a form to be supplied by the City and containing such information as necessary to administer and enforce the provisions of, and to insure compliance with, the provisions of this Ordinance and the housing code in its entirety. In addition, the legal owner of record of each dwelling constructed after the effective date of this Ordinance shall make written application for a permit and receive a satisfactory rating for the property prior to any occupancy. Owner-occupied and rental units shall be vacant during the inspection. In instances where home vacancy is not possible, the City can provide the property owner a list of home areas that must be accessible for an inspection while the home is still occupied. Additionally, property owners or agents shall provide the City with a notarized written approval from the current tenant to enter the home.
Section 6-136: Issuance of Permit
Upon completion of the inspection of the building or buildings, if the inspector finds the requirements of the City Codes and Zoning Ordinance have been met, a permit certifying such facts shall be issued. If the Inspector finds that the requirements of the City Code and/or Zoning Ordinance have not been met, a written denial specifying the defects shall be transmitted to the applicant. When a permit has been denied, expired, suspended or revoked, no further occupancy of dwellings units shall be permitted until a permit has been issued. The units within a structure which are in compliance with the housing code requirements may continue to be occupied if units in other portions of the structure which do not comply and do not create a hazard to the health and safety of the persons in the occupied units.
Section 6-137: Renewal of Permit
After the initial inspection, a permit shall be required on the next change of occupancy but no sooner than twelve (12) months unless written complaints of violations are recorded or upon a change of ownership.
Section 6-138: Suspension or Revocation
A permit may be suspended upon a finding by the inspector that one or more of the requirements of the housing code have been violated. The inspector shall give written notice to the permit holder of the violations of the housing code, and a reasonable time allotted for repair upon failure of the permit holder to correct the violations as stated in the notice of violation. The permit may be revoked in the manner provided by Ordinance for the revocation of permits. The suspended permit may be reinstated upon meeting the requirements of the building code.
Section 6-139: Availability
Permits issued under this section shall be produced on the request of an owner and/or agent and shall be available at reasonable times for inspection by an authorized inspector of the building.
Section 6-140: Schedule of fees
At the time of application for the permit or for permit renewal, a fee shall be collected for the appropriate permit fee and inspection fee in accordance with the following schedule:
(1) Dwelling inspection $45.00
(2) Dwelling reinspection $25.00
These fees shall be tendered with application for first issuance of permit and thereafter on an annual basis or a change of ownership, except for a bed and breakfast which shall be on an annual basis. If a permit is denied or suspended, the permit and inspection fee is non-refundable. The first re-inspection will have no fee. However, if it is necessary to return for a second re-inspection, a $25.00 fee will be charged. All subsequent re-inspections also will have a $25.00 fee.
If more than one (1) unit within a structure is vacant, the inspection fee shall be $45.00 for the first unit and each additional unit shall have an inspection fee of $10.00. Requests for home inspections must be made a minimum of two (2) business days prior to the inspection. If staff is available, inspections on Sundays and holidays are permitted. The cost of a Sunday or holiday inspection is $90.00 per unit. In multi-unit dwellings, the Sunday and holiday cost for the first unit is $90.00 and each additional unit shall be $20.00. Weekend and holiday fees do not include normal fees associated with utility services.
Section 6-141: Review of Ordinance
As part of the monthly and annual reports, the Occupancy Inspector shall report to the City Council on the results of this program.
Section 6-147: Enforcement and Inspection Authority
The inspector shall enforce the provisions of this Ordinance and is thereby authorized to make inspections on a scheduled basis or when the reason exists to believe that violation of this Ordinance has been or is being committed. Inspection access: If any owner, occupant or other person in charge of a dwelling or a dwelling unit fails or refuses to permit free access and entry to the structure or premises under his control for any inspection pursuant to this Ordinance, the inspector may seek a search warrant or other appropriate court order authorizing such inspection.
Section 6-148: Notice of Violation
Whenever the inspector determines that any dwelling, dwelling unit or rooming unit, on the premises surrounding any of these fails to meet the requirements set forth in this Ordinance, he shall issue a notice setting forth the alleged failure and advising the owner, occupant, operator or agent that such failure must be corrected. This notice shall be in writing, shall set forth the alleged violations of this chapter, shall describe the dwelling, dwelling unit, rooming unit or other premises where the violations are alleged to exist or to have been committed, shall provide a reasonable time, not to exceed sixty (60) days for the correction of the alleged violations and shall be served on the owner, occupant, operator and/or agent of the dwelling, dwelling unit or rooming unit personally, or by certified mail addressed other last known place of residence of the owner, operator or agent. If upon a diligent effort to locate the owner, occupant, operator or agent, none can be found, notice may be posted on or near the dwelling, dwelling unit, rooming unit or premises described in this notice.
Repairs and corrective action: Whenever an owner, operator or agent of a dwelling, dwelling unit or rooming unit neglects or refuses to make repairs or take other corrective action called for by order or notice of violation issued by a compliance official, the City may undertake such repairs or action, when in its judgement the failure to do so will substantially endanger the public health, safety or welfare. The cost of such repairs and actions shall be charged to the owner, operator or agent of the dwelling unit required to make such repairs.
Section 6-149: Secure unfit and vacated dwelling
The owner, operator or agent of a dwelling, dwelling unit or rooming unit, which has been declared unfit for human habitation or which is otherwise vacant for a period of thirty (30) days or more, shall make it safe and secure so that it is not hazardous to the health, safety or welfare of the public and does not constitute a public nuisance. Any vacant dwelling, dwelling unit or rooming unit with open and unguarded doors or windows shall be deemed to be a hazard to the health, safety or welfare of the public and a public nuisance within the meaning of this section.
Section 6-150: Process of Complaint
All complaints shall be made to the Office of Community Development in writing.
Section 6-150.1: Appeal
Any person aggrieved by any decision of an Inspector from the City may appeal the decision to the Director of Community Development. No formalities shall be required, but a written note or letter shall be provided by the person making the appeal informing the Director of Community Development of the action taken by the City employees and the change requested.
Section 150.2: Nuisance, injuction
Any violation of this Ordinance is hereby declared to be a nuisance. In addition to any other relief provided by this Ordinance, the City attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this Ordinance. Such application for relief may include seeking a temporary restraining order, temporary injunction or permanent injunction.
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Section 25-92: Duty of Owner to Build Sidewalks
It shall be the duty of the owner of any lot, tract or parcel of ground abutting upon, or lying adjacent to any public street or avenue within the City, to construct, maintain and keep in good repair suitable sidewalks of the kind and dimensions described in this article for the use of the public, along the sides, ends or other boundaries of such lot, tract or parcel of ground where the same abuts upon or lies adjacent such public street or avenue. The sidewalks may be constructed upon the street right-of-way immediately adjacent to the property line. It shall be the duty of the owner of any lot, tract or parcel of ground lying, abutting or being adjacent to the intersection of any street or avenue within the City, and being what is commonly termed a corner lot, to build approaches to the sidewalks along, abutting or adjacent to the property of such owner. Such approaches shall be constructed of the same material and the same width as the sidewalks with which the approaches shall connect and shall extend from the ends of such sidewalks and slope or decline to the top of the curb of such streets or avenues. It shall be the duty of the owner of any lot, tract or parcel of ground abutting upon or lying adjacent to any public street or avenue within the City, which is paved, to level or fill the space between the curbstone of such pavement and the sidewalk along such street or avenue with suitable soil or dirt to grow grass in. Such parkway shall be sowed with grass, and the grass shall not be permitted to grow up to a length exceeding four (4) inches. No tree, shrub or other plant shall be planted or suffered to exist in such parkway. More information on the City's cost-share Sidewalk Replacement Program can be had by contacting (660) 269-8705, ext. 2038 or by email.
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Section 25-94: Width of Sidewalks
All sidewalks constructed upon or along any part of any street or avenue in the City, unless otherwise or by Ordinance specified, shall be at least forty-two (42) inches in width.
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Additional information can be obtained by contacting the City Clerk at (660) 269-8705, ext. 2052.
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