[Ord. No. 894 §I, 9-13-2004]
In compliance with Section 67.398, RSMo., the City may take all reasonable action to abate a condition of any lot or land that has the presence of a nuisance including, but not limited to, debris of any kind, weed cuttings, cut, fallen, or hazardous trees and shrubs, overgrown vegetation and noxious weeds which are seven (7) inches or more in height, rubbish and trash, lumber that is not piled or stacked twelve (12) inches or more off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, any flammable material which may endanger public safety or any material or condition which is unhealthy or unsafe and declared to be a public nuisance. Further, to the extent permitted by law, all conditions described as a nuisance by any other ordinance of the City, including, but not necessarily limited to, Section
220.020 of this Code, are hereby also included herein, as well as abandoned houses and other structures in disrepair such that they are an eyesore or an inviting haven or refuge for criminals and criminal activity, and the City may take all reasonable action to abate said conditions.
[Ord. No. 894 §§II —
V, 9-13-2004]
A. If
the owner of such property constituting or containing any such nuisance
within seven (7) days of receiving notice that the nuisance has been
ordered removed or abated, or upon failure to pursue the removal of
the abatement of such nuisance without unnecessary delay, the Building
Commissioner or other designated officer of the City may cause the
condition which constitutes the nuisance to be removed or abated.
B. The
costs of such removal or abatement shall then be certified to the
City Clerk or City officer in charge of finance who shall cause the
certified cost to be included in a special tax bill or added to the
annual real estate tax bill, at the collecting officials' option,
for the property and the certified cost shall be collected by the
collecting official in the same manner and procedure for collecting
real estate taxes. If such certified cost is not paid, the tax bill
shall be considered delinquent and shall be collected as such.
C. The
tax bill shall further be deemed a personal debt against the owner
and shall also be a lien on the property until paid including to the
full extent of all applicable Missouri law and specifically, but not
necessarily limited to Section 67.398, RSMo.
D. The
City shall aggressively pursue collection of such costs in the most
efficient manner possible, including, to the extent Board appropriate
and reasonable, the hiring of legal counsel, to the extent necessary,
to initiate litigation, foreclose upon property, file and enforce
liens, or to engage in any and all other appropriate professional
methods for gaining legal and equitable relief for the City.
[Ord. No. 894 §VI, 9-13-2004]
Any person who has received notice that property of theirs constitutes
or contains thereon a nuisance may appeal said notice and declaration
by filing within seven (7) days of the date of said notice, a written
notice with the City Clerk, declaring their desire and intention to
appeal, signed and sworn to by said person, and requesting a hearing
thereon. The City shall conduct such a hearing, with the Mayor or
City Attorney sitting as presiding officer, at which the appellant
and the official providing the original notice may present their evidence,
produce exhibits, call and cross-examine witnesses, and present their
argument. The hearing may be preserved by a court reporter at the
City's or the appellant's option and costs. The presiding officer
shall notify the official and the appellant of his/her decision regarding
the appeal in a timely fashion and in no case later than fourteen
(14) days from the date of the hearing. The presiding officer may
further afford the appellant any additional procedures, rights, powers,
notices, and opportunities as may be required by due process to the
extent it applies at all to such an appeal.