[Ord. No. 4879 §1, 11-3-2003]
For the purpose of this Article, a "nuisance" shall consist of any activity which, when occurring in relation
to the use of occupancy of residential or commercial property, hurts,
annoys, inconveniences or causes damage to the inhabitants of the
City or a substantial part thereof with respect to welfare, health,
convenience or safety or with respect to the free use and comfortable
enjoyment of property.
[Ord. No. 4879 §1, 11-3-2003]
A.
The
Richmond Heights Police shall notify the City Manager or his designee
that there has been an arrest or a summons issued for violations of
City ordinance or State Statute relating to any of the following activities:
1.
Peace disturbance as prohibited by the Richmond Heights Municipal
Code.
2.
Lewd and lascivious behavior as prohibited by the Richmond Heights
Municipal Code.
3.
Maintaining a house of prostitution as prohibited by the Richmond
Heights Municipal Code.
4.
Noise as prohibited by the Richmond Heights Municipal Code.
5.
The use of firearms as prohibited by the Richmond Heights Municipal
Code.
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The City Manager or his designee shall then notify the owner
of the property through the issuance of a warning notice of the violations.
Said notice shall advise the owner that if an additional violation,
as listed in the ordinance, occurs within sixty (60) days from the
date of said warning notice, the City Manager or his designee shall
issue to the owner a final notice to abate. If an additional violation,
as listed in the ordinance, occurs subsequent to the final notice
to abate, the City Manager or his designee shall issue an order to
the owner declaring that there is reasonable cause to believe that
a public nuisance exists at the property in question.
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B.
Upon
the declaration by the City Manager or his designee that he has reasonable
cause to believe that a nuisance exists at a specific property under
the provisions of this Article, the City Manager or his designee shall
give notice of a hearing for the purpose of determining whether the
nuisance has been abated and, if not, then to determine appropriate
remedies for abatement and enforcement.
C.
Within
ten (10) working days of the mailing of the notice and the posting
of the notice of hearing, the City Manager or his designee shall commence
a hearing for the purpose of determining whether a public nuisance
continues to exist under the provisions of this Article. All interested
parties, including owners, lessees, mortgagors, tenants and neighbors
and Police Officers, may attend the hearing and present testimony.
The notice of hearing shall include the purpose of the hearing, the
date and time of the hearing and the location of the hearing. The
hearing officer shall take testimony under oath pertaining to all
relevant matters. The hearing may be continued, if necessary, to conclude
the investigation or for good cause shown.
D.
At
the conclusion of the hearing the officer shall issue an order finding
that the activity occurring at the subject property is not a public
nuisance and no further action is required; or that the activity occurring
at the subject property does constitute a public nuisance, in which
case the hearing officer shall order appropriate means to abate the
activity. If deemed appropriate and necessary to abate the nuisance
activity, the hearing officer may prohibit the occupancy of the property
to the extent necessary to abate the nuisance but for a time period
of not less than thirty (30) days nor more than one (1) year. A copy
of said order shall be published in a newspaper of general circulation
in the City of Richmond Heights and sent by certified mail to the
owner of the involved property; the occupant(s) of the involved property,
if different from the owner; and the designated representative of
the petitioner. Any person adversely affected by said order shall
have a right of judicial review as provided by Section 536.100, RSMo.,
2000, as amended.
E.
In
the event the hearing officer prohibits the occupancy of any property,
the owner of said property shall immediately secure the property from
use during the period of closure. In the event the owner fails to
secure the property as ordered, the City Manager or his designee shall
take all appropriate steps to undertake and complete the work necessary
to secure the property. Any cost incurred by the City in securing
a property under this Article shall be assessed against the owner
of the property.
F.
The
City Manager or his designee may promulgate rules and regulations
to carry out and give full effect to the provisions of this Section.
[Ord. No. 4879 §1, 11-3-2003]
A.
As a complete alternative to the procedure set out in the preceding Section of this Article and notwithstanding any and all other methods provided by law, the City Manager or his designee shall have the authority to abate any activity which is deemed to be a nuisance, as determined by the procedure set forth in Subsections (B) through (I) herein.
B.
The
City Manager or his designee, upon receipt of a petition signed by
a majority of the persons owning real property or a majority of the
registered voters occupying property within a prescribed petition
circle drawn with a radius of three hundred (300) feet plus one-half
(½) of the width of the property alleged to be a public nuisance
from the center of the front of said property projected to the street
alleging that the activity permitted by the occupants and/or owners
of said property, as factually set out in said petition, is of an
ongoing and continuous nature and constitutes a substantial detriment
to the health, welfare, safety and convenience of the subscribers
to the petition, shall hold a public hearing based on said petition.
C.
The
format for the petition shall be approved by the City Manager or his
designee and shall specifically state the type and nature of the activity
which is alleged to be of an ongoing and continuous nature and constituting
a substantial detriment to the health, welfare, safety and convenience
to the petition's subscribers.
D.
The
City Manager or his designee shall set a reasonable time for the hearing
on said petition. Not later than ten (10) working days prior to said
hearing, the City Manager or his designee shall cause to be served
a notice of said hearing and a copy of the petition on the legal owner
or owners of said property, as determined by the records of ownership
maintained by the Office of the Recorder of Deeds; the occupants of
said premise, if they are different from the legal owner; and the
person or persons designated to receive said notice on behalf of the
petitions. Service of said notice by certified mail shall be deemed
sufficient for the purposes of this Section.
E.
The City Clerk is hereby designated to review the petition filed in each proceeding and to verify the signatures appearing thereon with the property owners or the registered voters whose names appear on the Board of Election Commissioner's records, as the case may be, and whether such persons constitute a majority of property owners or registered voters in said petition circle. A report thereof shall be made to the City Manager or his designee prior to the setting of a hearing date on said petition. A hearing date shall not be set unless the signatures of a majority of the property owners or a majority of the registered voters in the petition circle are verified. Failure of a petition to contain sufficient signatures under the requirements of Subsection (B) herein shall not prohibit the refiling of a new petition regarding the same premises.
F.
The
hearing shall be conducted at the time and place set forth in the
notice. The City Manager or his designee shall commence a hearing
for the purpose of determining whether a public nuisance exists under
the provisions of this Article. All interested parties, including
owners, lessees, mortgagors, tenants and neighbors and Police Officers
may attend the hearing and present testimony. The notice of the hearing
shall include the purpose of the hearing, the date and time of the
hearing and the location of the hearing. The hearing officer shall
take testimony under oath pertaining to all relevant matters. The
hearing may be continued, if necessary, to conclude the investigation
or for good cause shown.
G.
At
the conclusion of the hearing the hearing officer shall issue an order
finding that the activity occurring at the subject property is not
a public nuisance and no further action is required; or that the activity
occurring at the subject property does constitute a public nuisance,
in which case the hearing officer shall order appropriate means to
abate the activity. If deemed appropriate and necessary to abate the
nuisance activity, the hearing officer may prohibit the occupancy
of the property to the extent necessary to abate the nuisance but
for a time period of not less than thirty (30) days nor more than
one (1) year. A copy of said order shall be published in a newspaper
of general circulation in the City and sent by certified mail to the
owner of the involved property; the occupant(s) of the involved property,
if different from the owner; and the designated representative of
the petitioners. Any person adversely affected by said order shall
have a right of judicial review as provided by Section 536.100, RSMo.,
2000, as amended.
[Ord. No. 4879 §1, 11-3-2003]
A.
In
determining whether the operation of a property is detrimental to
the neighborhood in which the property is located and therefore constitutes
a public nuisance, the hearing officer shall consider the following
factors, giving such weight thereto as he deems appropriate:
1.
The physical characteristics of the neighborhood in which the alleged
nuisance property is located, with particular consideration being
given to the proximity of the property to parks, churches, schools
and playgrounds;
2.
Loitering in the immediate vicinity of the alleged nuisance property
by persons frequenting the property;
3.
Littering committed by owner, occupant or persons frequenting the
alleged nuisance property;
4.
Drinking of alcoholic beverages in public by the owner, occupant
or persons frequenting the alleged nuisance property;
5.
Lewd and indecent conduct, including, but not limited to, public
urination, exhibited by the owner, occupant or persons frequenting
the alleged nuisance property, whether such behavior occurs on the
property or in the immediate vicinity thereof;
6.
Commission of crimes upon or in the immediate vicinity of a premise
by the owner, occupant or persons frequenting the alleged nuisance
property;
7.
Sale or use of illegal drugs upon or in the immediate vicinity of
the alleged nuisance property by the owner, occupant or persons frequenting
the property;
8.
Harassing or intimidating behavior exhibited by the owner, occupant
or persons frequenting or congregating about the alleged nuisance
property toward persons living in the neighborhood in which the property
is located or toward persons passing by the property;
9.
Noise associated with or caused by the owner, occupant or persons
frequenting the alleged nuisance property;
10.
Street or sidewalk congestion associated with or caused by the owner,
occupant or persons frequenting the alleged nuisance property;
11.
Any other activity deemed relevant by the City Manager or his designee
to the determination of whether said activity is detrimental to the
neighborhood in which the alleged nuisance property is located.
[Ord. No. 4879 §1, 11-3-2003]
The lack of knowledge of, acquiescence or participation in or
responsibility for any alleged detrimental activity on the part of
the owner or occupant of the property shall not be a defense for such
owner or occupant in determining whether said activity is in fact
detrimental to the neighborhood in which the property is located.
For purposes of this Section, a person shall be considered to frequent
a property if he lives or work at or visits the property or if he
loiters about the immediate vicinity of the property but would not
do so except for the existence of the property.
[Ord. No. 4879 §1, 11-3-2003]
Any person employed, or contracted with, for the abatement of
a nuisance as ordered under the provisions of this Article and any
agent or employee of such person shall have the right of entry for
that purpose into and upon any property.
[Ord. No. 4879 §1, 11-3-2003]
It shall be the duty of the Police Department of the City of
Richmond Heights to assist the City Manager or his designee and his
or her officers and employees, in the discharge of their duties, as
may be required under this Article, whenever called upon to do so.
[Ord. No. 4879 §1, 11-3-2003]
A.
It
shall be a violation of this Article for the owner, his agent or the
occupant of any residential or commercial property to fail to obey
an order to abate a nuisance under the provisions of this Article.
B.
It shall be a violation of this Article to interfere with any entry permitted under Section 220.250 herein or any entry by any Police Officer, any officer or agent or employee of the City of Richmond Heights for the purpose of abatement of any nuisance as ordered under the provisions of this Article.
C.
It
shall be a violation of this Article for any person to use or occupy
or to permit any other person to use or occupy any property ordered
closed pursuant to this Article.
D.
It
shall be a violation of this Article for any person to mutilate or
remove any order posted under the provisions of this Article.
[Ord. No. 4879 §1, 11-3-2003]
Nothing in this Article shall be interpreted to supersede or
limit in any manner the authority of the Building Commissioner to
condemn property under the authority of any provision of the Richmond
Heights Municipal Code.
[Ord. No. 4879 §1, 11-3-2003]
In addition, all notices required under this Article shall be
sent to the owner of the property, the occupants of the property,
the mortgagor, if shown on the Recorder of Deeds records, and posted
on the subject property in a conspicuous place.
[Ord. No. 4879 §1, 11-3-2003]
Closure of any property pursuant to this Article shall not constitute
an act of possession, ownership or control by the City of Richmond
Heights of the closed property.
[Ord. No. 4879 §1, 11-3-2003]
Nothing contained in this Article shall relieve the owner of
any property from complying with all other ordinances that relate
to property, fire or health codes or any other ordinances that regulate
the condition or use of the property.
[Ord. No. 4879 §1, 11-3-2003]
