City of Northwoods, MO Article IV Places Used For The Commission Of Crime

Section 215.300 Places Used For The Commission Of Crimes Or Ordinance Violations, Or Acts Done, Permitted, Allowed Or Continued To The Damage Or Injury Of Any Inhabitants Of The City.

[Ord. No. 17-9, 11-28-2017]

A. As used in this Section, "place" means any building, dwelling unit, lot, plot or parcel of land, premises, room or structure.

B. Any place which is used for the commission of crimes, ordinance violations, or acts done, permitted, allowed or continued to the damage or injury of any of the inhabitants of the City is a public nuisance.

C. The Chief of Police shall notify the owner and occupant of any place used for the commission of crimes, ordinance violations, or acts done, permitted, allowed or continued to the damage or injury of any inhabitants of the City, that the place is in violation of this Section, including the reason why, and that if the place continues to be used in such a manner, a hearing shall be held to determine whether a public nuisance exists and, if so, to determine the appropriate abatement remedies, including that the place not be occupied. Notice shall be by personal service or certified mail, or by publication in a newspaper of general circulation at least ten (10) days prior to hearing.

D. If the place continues to be used for the commission of crimes, ordinance violations, or acts done, permitted, allowed or continued to the damage or injury of any inhabitants of the City, after such notice, the Chief of Police shall file a petition with the City Administrator which shall state what relief is sought or proposed and the reason for granting it.

E. The City Administrator or his or her designee shall set the time and location for a hearing based on the petition, and shall cause notice thereof and a copy of the petition to be served on the owner and occupant of the place at least ten (10) days prior to the hearing. Service shall be personal or by certified mail, or by publication in a newspaper of general circulation at least ten (10) days prior to hearing.

F. At the hearing the City Administrator or his or her designee shall determine whether the place is a public nuisance, giving such weight to the following factors as he or she deems appropriate:

1. The physical characteristics of the neighborhood in which the place is located, with particular consideration given to the proximity of the place to residential property, parks, churches, schools and playgrounds;

2. Whether there is littering or loitering , as prohibited by law, by the owner, occupant or persons frequenting the place;

3. Whether there is drinking of alcoholic beverages in public, as prohibited by law, by the owner, occupant or persons frequenting the place;

4. Whether there is lewd and indecent conduct, as prohibited by law, including public urination or defecation, by the owner, occupant or persons frequenting the place;

5. Whether there is the possession, sale or use of controlled substances, as prohibited by law, by the owner, occupant or persons frequenting the place;

6. Whether there is harassing, intimidating or troublesome conduct, as prohibited by law, by the owner, occupant or persons frequenting the place toward persons living in the neighborhood or passing by the place;

7. Whether there is noise prohibited by law, caused by the owner, occupant or persons frequenting the place;

8. Whether there is the commission of other crimes, ordinance violations, or acts done, permitted, allowed or continued to the damage or injury of any inhabitants of the City by the owner, occupant or persons frequenting the place;

9. Whether there is Street or sidewalk congestion caused by the owner, occupant or persons frequenting the place;

10. Any other activity deemed relevant by the City Administrator or his or her designee.

G. For purposes of this Section, a person shall be considered to frequent a place if he or she lives or works at, or visits the place, or if the person loiters about the place.

H. If the City Administrator or his or her designee finds that the place is a public nuisance in violation of this Section, he or she shall order the owner or occupant to abate the nuisance within ten (10) days, and may further order any appropriate action to abate the same, including that the tenant's occupancy permit be revoked and/or that the property not be occupied or used for a specified period of time. Any tenant whose occupancy permit is revoked pursuant to this Subsection shall be ineligible to obtain an occupancy permit for any property located within the City for a specified period of time from the date of said revocation.

I. The closure of any place pursuant to this Section shall not constitute an act of possession, ownership or control by the City of the closed place.

J. It is unlawful for any person to:

1. Fail to obey an order to abate a nuisance issued pursuant to this Section;

2. Interfere with any entry into or upon the place by any Police Officer, agent or employee of the City for the purpose of abating or addressing the nuisance, as ordered pursuant to this Section;

3. Occupy or use or permit any other person to occupy or use any place ordered closed pursuant to this Section;

4. Damage or remove any notice or order posted at the place pursuant to this Section;

5. Keep or maintain a place used for the commission of crimes, ordinance violations, or acts done, permitted, allowed or continued to the damage or injury of any inhabitants of the City.

K. Nothing contained in this Section shall relieve the owner or occupant of any place from complying with the building, fire, property maintenance and zoning codes, or any other ordinance that regulates the condition, maintenance or use of the place.

L. Any violation of this Section shall be punishable as provided in the General Penalties of the City.