Cross Reference — As to abandoned property and vehicles, ch. 217.
[Ord. No. 2010-47 §1(17-1), 5-10-2010]
A.
Purpose And Findings. The City Council of the City of Chillicothe,
Missouri, finds that unkempt, unsafe, unsanitary and otherwise improperly
maintained premises and structures, sidewalks and easements within
the City of Chillicothe, in addition to the obvious hazards which
these conditions pose to the public health, safety and welfare, adversely
effect the value, utility and habitability of property within the
City as a whole and specifically cause substantial damage to adjoining
and nearby property. A property which is merely unkempt may reduce
the value of adjoining property by more than thirty percent (30%)
and if there are sufficient properties which are unkempt, unsightly
and dangerous, that the habitability and economic well-being of the
City are materially and adversely affected. This Chapter conveys to
the City administration, in accordance with the procedures set out
below, all necessary and proper powers to abate nuisances and other
improperly maintained structures and properties as they are described
or found to exist and to charge the costs of their abatement to those
responsible, the owners and occupants of the property upon which nuisances
exists and those properties themselves. This Chapter is an exercise
of the City's Police power and it shall be liberally construed to
effect this purpose.
B.
Severability. If any Section, Subsection, sentence, clause,
phrase or portion of the Chapter is for any reason held to be invalid
or unconstitutional by the final decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portions of this Chapter. The City Council declares that it would
have adapted this Chapter and each Section, Subsection, sentence,
clause, phrase or portion thereof despite the fact that any one (1)
or more Section, Subsection, sentence, clause, phrase or portion would
be declared invalid or unconstitutional.
C.
Enactment Clause And Short Title.
1.
Enactment clause. The City Council of Chillicothe,
Missouri, pursuant to the authority vested by law, hereby adopts and
enacts this City ordinance known as "The Nuisance Ordinance" of the
City of Chillicothe, Missouri.
2.
Short title. This City ordinance may be known and
cited as the "Nuisance Ordinance" of Chillicothe, Missouri.
[Ord. No. 2010-47 §1(17-2), 5-10-2010]
For the purposes of this Chapter, certain terms used herein
are defined as set forth in this and the following Sections. All words
in the present tense include the future tense; the plural number includes
the singular and all words in the singular include the plural unless
the natural construction of the sentence indicates otherwise. The
word "shall" is mandatory, not directory.
Any property, real or personal, which is unattended and either
open or unsecured so that admittance may be gained without damaging
any portion of the property, or which evidences indicia that no person
is presently in possession, e.g., disconnected utilities, accumulated
debris, uncleanliness, disrepair and, in the case of chattels, location.
The removal, stoppage, prostration or destruction of that
which causes or constitutes a nuisance, whether by breaking or pulling
it down or otherwise destroying or effacing it.
Any building the exterior openings of which are closed by
extrinsic devices or some other manner designed or calculated to be
permanent, giving to the building the appearance of non-occupancy
or non-use for an indefinite period of time.
Any dwelling, structure, mobile home, factory-built house
or part thereof built for the support, shelter or enclosure of persons,
animals, chattels or property of any kind.
The City Building Inspector, City Code Enforcement Officer,
the City Engineer or any other employee or contractor designated by
the City Council with the duty and authority to enforce these provisions.
Includes:
A nuisance defined by Statute or ordinance;
A nuisance at common law either public or private;
An attractive nuisance, whether in or on a building, a building
premises or an unoccupied lot and whether real, fixture or chattel,
which might reasonably be expected to attract children and constitute
a danger to them including, but not limited to, abandoned wells, ice
boxes or refrigerators with doors and latches, shafts, basements or
other excavations, abandoned or inoperative vehicles or other equipment,
structurally unsound fences or other fixtures, lumber, fencing, vegetation
or other debris;
Uncleanliness;
Overcrowding; or
Abandonment or vacancy.
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A listing of conditions found to constitute public nuisances is found in Section 215.040 of this Chapter.
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Any person having any interest in the real estate in question
as shown upon the records of the office of the County Assessor or
any person with legal, financial or equitable interest in the property
who establishes his/her interest before the Building Inspector and/or
City Council. For the purpose of giving notice, the term "owner" also
includes any person in physical possession (including, but not limited
to, lessees, renters, boarders, etc.).
Any real property, premises, structure or location on which
a public nuisance is alleged to exist.
Defined in Section 215.040 of this Chapter.
Abatement of the nuisance by the City, or a contractor employed
by the City, by removal, repair or other acts without notice to the
owner, agent or occupant of the property except for the notice required
by this Chapter.
Includes grass and weed cuttings, cut and fallen trees and
shrubs, overgrown vegetation and noxious weeds which are seven (7)
inches or more in height, rubbish and trash, lumber not piled or stacked
twelve (12) inches off the ground, rocks or bricks, tin, steel, parts
of derelict vehicles, broken furniture and/or any flammable material.
The word "debris" also includes any other material which is found
on any lot or land that is unhealthy or unsafe, provided:
It is described in detail in the notice that is required in Section 215.040(C)(4)(a) below; and
The definition is not challenged by requesting a formal hearing as provided in Section 215.040(C)(4)(b) below.
[Ord. No. 2010-47 §1(17-3), 5-10-2010]
A.
Building Inspector. The City Building Inspector or City Engineer shall supervise all building inspections and shall follow the hearing and appeal procedures promulgated in this Section and Section 215.060 of this Chapter.
B.
Procedure. Whenever a complaint is made to the Building
Inspector of the existence of an unfit or substandard building, the
Building Inspector shall promptly cause said building to be inspected.
Upon the discovery of an unfit or substandard building, the inspecting
officer shall submit a written report of the building to the Building
Inspector and a hearing will be scheduled for a determination of the
building fitness. Photographs and findings shall be included in said
report. If the Building Inspector determines that there exists a condition
which poses an immediate threat to health, safety or welfare of the
public, the Building Inspector or City Engineer shall immediately
order the property vacated and the structure closed until hearing.
C.
Notice. The Building Inspector shall follow the notice procedures promulgated in Subsection (E) of this Section.
D.
Unfit Buildings.
1.
Determination of building fitness. In reaching a
judgment that a building is unfit for human habitation, the Building
Inspector shall consider:
a.
Dilapidation;
b.
Disrepair;
c.
Structural defects;
d.
Defects increasing the hazards of fire, accidents or other calamities,
such as parts standing or attached in such a manner as to be likely
to fall and cause damage or injury;
e.
Inadequate ventilation;
f.
Uncleanliness;
g.
Inadequate light;
h.
Inadequate sanitary facilities;
i.
Inadequate drainage; and
j.
Substandard conditions. If these or other conditions
are found to exist to an extent dangerous or injurious to the health
or safety of the building's occupants, or the occupants of neighboring
buildings, or of other residents of the City of Chillicothe, or if:
(2)
The cost of restoration exceeds sixty-six percent (66%) of the
value of the building; or
(3)
The building has been damaged by fire or other calamity, the
cost of restoration exceeds thirty-three percent (33%) of the value
of the building and it has remained vacant for six (6) months or more.
(Value shall be determined by reference to a current edition of "Building
Valuation Data" published by the International Conference of Building
Officials or if not published, as determined by the City Council.
Cost of restoration is the actual estimated cost, which may be determined
in the same manner as "value".)
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The Building Inspector shall declare the building a public nuisance and order the abatement of the nuisance in compliance with Section 215.040 of this Chapter.
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2.
Restoration or repair. An undertaking by a party in interest to restore or repair an unfit building, entered into at or prior to the determination of building fitness by the Building Inspector, creates a presumption that the building or premises can be reasonably repaired. The Building Inspector may then grant additional time in accordance with Section 215.060(E) of this Chapter. The failure to accomplish such an undertaking is grounds for the Building Inspector to order demolition. If by reason of any of the above conditions a building is unfit, but no public necessity is found for its immediate demolition, the Building Inspector may take other action, such as causing the property to be cleaned, cleared, vacated, secured or otherwise repaired, which will promote the public health, safety or general welfare.
E.
Substandard Buildings.
1.
Substandard criteria. In reaching a judgment that
a building or premises is substandard, the Building Inspector shall
be guided by such factors as:
a.
Structural soundness;
b.
Improper sanitation;
c.
Improper safety;
d.
Improper weatherproofing;
h.
Fire hazard, including any building, device, apparatus, equipment,
combustible waste or debris or vegetation, which may cause fire or
explosion or provide fuel to augment the spread or intensity thereof.
i.
Nuisance.
2.
Remedial action. If these or similar conditions
are found to exist, the Building Inspector shall declare the building
a public nuisance and order the building or premises repaired, cleaned,
cleared, demolished or otherwise brought into compliance with current
City codes or ordinances and may order the property vacated and secured
as completely as possible pending such repair or other action.
F.
Insurance Payment.
[Ord. No. 2017-67 § 1, 7-31-2017]
1.
If there are proceeds of any insurance policy based upon a covered
claim payment made for damage or loss to a building or other structure
caused by or arising out of any fire, explosion, or other casualty
loss and the covered claim payment is in excess of fifty percent (50%)
of the face value of the policy covering the building or structure,
then the insurer shall withhold twenty-five percent (25%) of the claim
payment and shall pay such monies to the City to deposit into an interest-bearing
account. Any named mortgagee on the insurance policy shall maintain
priority over any obligation under any cleanup order or this Section.
If a bill or special tax bill is issued then such shall be paid from
the money held and if there is any excess such shall be paid to the
insured.
2.
If within thirty (30) days of the receipt of the insurance proceeds
the building inspector has not conducted an inspection and instituted
proceedings as required by law, then the City shall release the proceeds
and any interest to the insured.
3.
Upon presentation of satisfactory proof that the insured has removed or will remove the debris and repair, rebuild, or otherwise make the insured building or structure safe and secure, the building inspector will issue a certificate within thirty (30) days after receipt of satisfactory proof to permit the payment of any insurance proceeds and interest directly to the insured without deduction of the amount payable to the City under Subsection (F)(1).
4.
The City Council, upon presentation of sufficient proof of financial
ability to remove the debris and repair, rebuild, or otherwise make
the insured building or structure safe and secure, and upon execution
of a personal surety bond or other satisfactory guarantee of performance,
may authorize the release of the insurance proceeds and any interest
thereon at any time if such funds are required by the insured to pay
for such cleanup and repair.
G.
Housing Standards.
1.
Any person wishing to report a housing deficiency may do so by filing
a report maintained by the City Building Inspector. All substantiated
claims will result in a twenty dollar ($20.00) fee to the owner of
the property for the cost of a City inspection. All unsubstantiated
claims will result in a twenty dollar ($20.00) fee to the complaining
party for the cost of a City inspection.
As a result of any City inspection under this Section, the City
may order a housing deficiency to be remedied before permitting a
person to reside in an inspected house or unit by utilizing the procedures
set forth in this Section and other referenced Sections therein.
2.
Failure to comply with any of the terms set forth in this Section or the filing of any false complaint under this Section may be punishable by the penalties set forth under Section 215.080.
3.
The report forms and minimum acceptable standards adopted by City
Ordinance No. 2007-46 shall remain in full effect.
[Ord. No. 2010-47 §1(17-4), 5-10-2010; Ord. No. 2012-04 §2, 2-13-2012]
A.
Public Nuisance Defined. Any fence, wall, shed, deck, house,
porch, garage, building, structure or any part of any of the aforesaid;
or any tree, pole, smokestack; or any excavation, hole, pit, basement,
cellar, sidewalk, subspace, dock, wharf or landing dock; or any lot,
land, yard, premises or location which in its entirety or in any part
thereof, by reason of its condition in which the same is found or
permitted to be or remain, shall or may endanger the health, safety,
life, limb or property or cause any hurt, harm, inconvenience, discomfort,
damage or injury to any one (1) or more individuals in the City in
any one (1) or more of the following particulars:
1.
By reason of being a menace, threat and/or hazard to the general
health and safety of the community.
2.
By reason of being a fire hazard.
3.
By reason of being unsafe for occupancy or use on, in, upon, about
or around the aforesaid property.
4.
By reason of lack of sufficient or adequate maintenance of the property
and/or being vacant, any of which depreciates the enjoyment and use
of the property in the immediate vicinity to such an extent that it
is harmful to the community in which such property is situated or
such condition exists.
B.
The following acts, in addition to any others in violation of Subsection (A) of this Section, are determined by the City Council as noisome, offensive, unwholesome or dangerous to the public's health, welfare and/or safety and shall constitute a public nuisance:
1.
Allowing stagnant pools of water to accumulate;
2.
Accumulations or disposal of trash, lumber which is not piled or
stacked more than twelve (12) inches off the ground, earth, ashes,
mortar, papers, stone, brick, rock, tin, steel, dirt, manure, filth,
excrement, chips or rubbish of any description, cesspools, drains,
garbage or any other animal or vegetable substances, unless the accumulations
or disposal of such items in such place is specifically authorized
by law;
3.
The keeping of any horse, cattle, sheep, swine, goats, mules or other livestock or fowl within the corporate limits (except those provided for in Section 215.150);
4.
The pollution of any river or stream;
5.
Burning of materials or methods which are prohibited by the City's
adopted fire code;
6.
The distribution of samples of medicine or drugs to minors;
7.
The keeping of doves or pigeons which deposit excreta on buildings
and sidewalks;
8.
Maintaining a privy or outdoor closet where connections to a sanitary
sewer are available;
9.
Garbage trucks that are not covered and leak-proof;
10.
Dead animals not disposed of within twenty-four (24) hours;
11.
Any building, house, room or other structure or vehicle maintained
or used for the purposes of lewdness, assignation or prostitution;
12.
Any pit, basin, hole or other excavation which is unguarded and dangerous
to life or has been abandoned or is no longer used for the purpose
for which it was constructed or is maintained contrary to law;
13.
All obstructions to streets, right-of-way or other public ways in
the City, and all excavations in or under the same, which are by ordinance
prohibited or which may be made without lawful permission or which,
having been made by lawful permission, are kept and maintained after
the purpose thereof has been accomplished or for an unreasonable length
of time;
14.
Erecting, maintaining, using, placing, depositing, leaving or permitting
to be or remain in or upon any street, alley, sidewalk, park, parkway
or other public or private place in the City any one (1) or more of,
but not limited to, the following conditions or things:
15.
All premises and vehicles whereon or wherein intoxicating liquor
is manufactured, sold, bartered, exchanged, given away, furnished,
disposed of, consumed or permitted to be consumed in violation of
the laws of the State and the ordinances of the City;
16.
All vacant, unused or unoccupied buildings and structures within
the City, which are allowed to become or remain open to entrance by
unauthorized persons or the general public because of broken, missing
or open doors, windows or other openings, so that the same may be
used by vagrants or other persons in a manner detrimental to the health
and welfare of the inhabitants of the City;
17.
Any refrigerator, icebox or deep freeze locker having a capacity
of one and one-half (1½) cubic feet or more or any other container
manufactured, custom-made or homemade designed for storage which is
stored, discarded, abandoned or left in any place accessible to children
and which has not had the door or latching mechanism removed to prevent
the latching or locking of the door;
18.
Leaving or permitting to be or remain in or upon any sidewalk, steps
or other public or private walkway in the City any one (1) or more
of, but not limited to, the following conditions or things:
a.
Holes or protruding edges on public sidewalks and steps.
b.
Accumulation of snow and ice not removed within twenty-four (24)
hours.
c.
Mud, debris, garbage or other items or substances upon the surface
which might cause a pedestrian to lose footing.
d.
Overhanging trees, shrubs or other obstructions to pedestrian travel.
19.
Electric fence or fence constructed wholly or partly of barbed wire
except in areas within the City zoned agricultural;
20.
Weeds or plant growth in excess of seven (7) inches in height. "Weeds" shall be defined as all grasses, annual plants and
vegetation, other than trees or decorative shrubs, cultivated flowers,
ornamentals and garden plants. Vegetation harmful or irritating to
the human touch shall be removed including poison ivy, poison oak
and poison sumac.
Exception. Any lot or tract of land in excess
of sixty thousand (60,000) square feet which is not being used for
an industrial, commercial or residential purpose shall have a border
within which weeds shall be cut. Said border shall be measured along
its perimeter twenty-five (25) feet deep from the public right-of-way
and/or from any adjoining lot or tract of land used for an industrial,
commercial or residential purpose.
21.
A swimming pool or any other pool of water that is not in conformance
with the provisions of Section 405.1200(4).
22.
Non-licensed vehicles, including, but not limited to, cars, trucks,
recreational vehicles, boats, trailers and construction equipment,
which are not stored in an accessory building or garage so that they
may not be seen;
23.
Any outdoor storage of items including, but not limited to, tools,
equipment, machinery, non-working automobiles, parts of derelict cars
or trucks, household appliances and broken furniture that is not enclosed
by a fence at least seventy-two (72) inches in height with a lockable
gate. Said gate which is left unlocked when back yard is not occupied
will constitute a public nuisance;
24.
Unacceptable fill material placed after January 1, 2009.
a.
Unacceptable fill material shall include any material used for fill
which is larger than six (6) inches in size in any direction.
b.
Acceptable fill material shall include acceptable organic and/or
earth material as defined herein which is free from cinders, ashes,
refuse, soft or plastic clays, vegetable or other similar organic
matter such as food waste, trees, branches or stumps. Acceptable fill
material shall be capable of being compacted.
25.
Any dead, diseased or dangerous trees or other woody vegetation on
private property; trees or other woody vegetation on private property
which constitute a potential threat to other trees within the City;
any tree or shrub on private property when it interferes with the
proper spread of light along the street from a street light or interferes
with the visibility of any traffic control device or sign or traffic
sight distance from an intersection.
26.
Placing trash or debris in the public right-of-way: (1) more than
forty-eight (48) hours prior to the scheduled refuge collection date
for such location; or (2) if the trash or debris placed for refuse
collection that is not in a City approved trash bag or container except
for special pickup items for which a trash pickup has been scheduled.
C.
Summary Abatement Of Nuisances.
1.
Procedure.
b.
Upon the discovery of a public nuisance, the inspecting officer may
order the owner or other person creating, keeping, maintaining or
permitting the same to abate it. Should the inspecting officer find
that a public nuisance exists and that the public health, welfare
or safety may be in immediate danger, then summary abatement procedures
shall be implemented and the inspecting official or department may
cause the nuisance to be removed or abated.
2.
Notice. When summary abatement is authorized, notice
to the owner, agent or occupant of the property is not required. Following
summary abatement, the Building Inspector shall cause to be posted
on the property liable for the abatement a notice describing the action
taken to abate the nuisance.
3.
Abatement of yard debris. Any condition on any lot
or land that has the presence of yard debris of any kind is hereby
declared to be a public nuisance, subject to abatement.
4.
Procedure for yard debris. Enforcement shall commence
by providing notice to the owner of the property of the nuisance condition
existing on his/her/its property. The notice may be delivered by personal
service, by certified mail or by ordinary mail. (If sent by ordinary
mail, there will be a refutable presumption that the letter was delivered
five (5) days after the date it was sent.)
a.
The notice shall generally describe the nature of the nuisance, the
location of the property (using the mailing or popular address rather
than a legal description, when reasonably possible to do so) and ordering
the property owner to, within a period of seven (7) days from the
receipt of the notice, abate the nuisance.
b.
Any owner who wishes to challenge the order of abatement may do so,
provided that within the seven (7) day period he/she/it requests a
hearing on the validity of the order under the State Administrative
Procedure Act, Chapter 536, RSMo. If no such request is made within
that time period, the order becomes final and is not subject to challenge
elsewhere. If such request is made, the hearing shall be conducted
by the City Administrator. The request for a hearing must be in writing,
but otherwise no particular formality is required. Notice to the property
owner of his/her right to request such hearing shall be given by providing
a copy of this Chapter if requested with any notice sent under authority
of this Section. Once a request for a hearing is received, the hearing
shall be conducted in accordance with the "contested case" provisions
of the State Administrative Procedure Act. The City Attorney shall
represent the City at such a hearing.
c.
Abatement of nuisance yard debris. If the nuisance
is present on the property seven (7) days after receipt of the notice
by the property owner, the enforcement officer shall cause the same
to be summarily abated. (The costs of abatement may include a fee
for the City's costs in administering this Chapter, which administrative
fee shall be one hundred dollars ($100.00). The enforcement official
shall verify the cost of such abatement to the City Clerk or other
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 official's option, and shall be collected
in the same manner and procedure as for collecting real estate taxes.
5.
Procedure for general nuisance abatement. Upon the discovery of a public nuisance that does not pose an immediate danger to the public health, welfare or safety, the inspecting officer shall submit a written report of the property on which the nuisance exists to the Building Inspector. Photographs and findings shall be included in said report. If the Building Inspector declares the existence of a public nuisance, but the nature thereof is not such as to require the summary abatement of such nuisance, then the Building Inspector may order the abatement of the nuisance by notice in compliance with Section 215.050 of this Chapter.
6.
Abatement by owner. Within thirty (30) days after
the posting and mailing of a notice to abate a general nuisance, the
owner or individual in possession of the affected property shall remove
and abate such nuisance or show that actions for abating the nuisance
have commenced. Such showing shall be made by filing a written statement
or other proof of such actions with the Building Inspector.
7.
Procedure abatement of trash in public right-of-way. Enforcement will commence by providing notice to the owner of the
property located adjacent to the trash location and if known the owner
of the trash of the nuisance condition. Notice may be given in any
manner reasonably calculated to notify the owner of the trash of the
nuisance condition.
If the trash is not removed within forty-eight (48) hours from
the date notice is given to the owner of the trash, then the Code
Enforcement Officer may request the Chillicothe Municipal Utilities
to remove the trash. The cost of such removal will be added to the
refuge bill on the owner of the trash.
D.
Abatement By City. If after a hearing in compliance with
this Section finds that the nuisance or dangerous condition exists,
the Building Inspector shall have the authority to enter upon the
property and abate the public nuisance found thereon. In abating such
nuisance, the Building Inspector may go to whatever extent may be
necessary to complete the abatement of the public nuisance. If it
is practicable to salvage any material derived in the aforesaid abatement,
the Building Inspector may sell the salvaged material at private or
public sale and shall keep an accounting of the proceeds thereof.
E.
Proceeds From Sale Of Private Property. The proceeds, if
any, obtained from the sale of any material salvaged as a result of
an abatement of public nuisance by the Building Inspector shall be
deposited to the General Fund of the City and any deficit between
the amount so received and the cost of the abatement shall be filed
with the City Clerk. The City Clerk shall certify said costs and assess
costs to the annual real estate tax bill for the property. Should
the proceeds of the sale of the salvaged material exceed the cost
of the abatement, the surplus, if any, shall be paid to the owner
of the property from which the public nuisance was abated when a proper
claim to the excess is established.
F.
Authorized Action. In abating a public nuisance, the Building
Inspector may call upon any of the City departments with the approval
of the City Administrator for whatever assistance shall be deemed
necessary or may by private contract cause the abatement of the public
nuisance.
G.
Statement Of Costs. The Building Inspector shall, after
completing the removal and abatement, file a statement of costs with
the City Clerk. The City Clerk shall certify costs and assign costs
to the annual real estate tax bill for the property.
H.
Prior Recovery. The City may seek to recover the cost of
demolition prior to the occurrence of demolition. Upon issuance of
an order by the Building Inspector whereby the building or structure
is ordered to be demolished, secured or repaired, then the Building
Inspector may solicit no less than two (2) independent bids for such
demolition work. The amount of the lowest bid, including offset for
salvage value, if any, plus reasonable anticipated costs of collection,
including attorney's fees, shall be certified to the City Clerk who
shall cause a special tax bill to be issued against the property owner
to be prepared and collected by the City Collector. The City Clerk
shall discharge the special tax bill upon documentation by the property
owner of the completion of the ordered repair or demolition work.
Upon determination by the City Clerk that a public benefit is secured
prior to payment of the special tax bill, the City Clerk may discharge
the special tax bill upon the transfer of the property. The payment
of the special tax bill shall be held in an interest-bearing account.
Upon full payment of the special tax bill, the Building Inspector
shall, within one hundred twenty (120) days thereafter, cause the
ordered work to be completed and certify the actual cost thereof,
including the cost of tax bill collection and attorneys' fees, to
the City Clerk who shall, if the actual cost differs from the paid
amount by greater than two percent (2%) of the paid amount, refund
the excess payment, if any, to the payor or if the actual amount is
greater, cause a special tax bill or assessment for the difference
against the property to be prepared and collected by the City Collector.
If the Building Inspector shall not, within one hundred twenty (120)
days after full payment, cause the ordered work to be completed, then
the full amount of the payment, plus interest, shall be repaid to
the payor. At the request of the taxpayer the tax bill for the difference
may be paid in installments over a period of not more than ten (10)
years. The tax bill for the difference from the date of issuance shall
be deemed a personal debt against the property owner and shall also
be a lien on the property until paid.
[Ord. No. 2010-47 §1(17-5), 5-10-2010]
A.
Notice. The Building Inspector shall determine all individuals,
firms or corporations who, from the records in the Recorder of Deeds
office, appear to be the titled owners of the aforesaid property and
immediately cause a written notice to be served on each such individual,
firm or corporation by personal service or by one (1) of the following
methods:
1.
Leaving a copy of the notice at the usual place of residence or business
of such owner, or address of such owner shown in the Recorder's records,
or
2.
Mailing a copy to such owner at such place or address by United States
certified mail return receipt.
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If service of such written notice is unable to be perfected
by any of the methods described above, the Building Inspector shall
direct the City Clerk to cause a copy of the aforesaid notice to be
published in a newspaper of general circulation in the City, once
a week for two (2) consecutive weeks; and shall further cause a copy
of the aforesaid notice to be left with the individual, if any, in
possession of such property on which it is alleged such public nuisance
exists or if there is no individual in possession thereof, the Building
Inspector shall cause a copy of the notice to be posted at such structure,
location or premises. The Building Inspector shall also determine
from the Recorder of Deeds office who the lienholder of the property,
if any, as documented therein, is and cause a written notice to be
served on such lienholder by United States certified mail return receipt.
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B.
Notice Contents. The aforesaid notice to the owners and
lienholder, if any, of the property shall state clearly and concisely:
1.
The street address or legal description of the property;
2.
A description of the condition or conditions alleged to constitute
a public nuisance;
3.
A hearing is scheduled with the Building Inspector on a date not
sooner than thirty (30) days after the date of the notice letter;
4.
Proof of the commencement of such abatement actions must be submitted
to the Building Inspector not later than three (3) working days before
the date scheduled for the hearing or such hearing to determine whether
the nuisance or dangerous condition will be held;
5.
The hearing may be held without the presence of any owner, lienholder,
occupant or representative.
C.
Adequacy Of Proof. The Building Inspector shall have discretion
over what actions are sufficient to constitute the commencement of
nuisance abatement. However, the Building Inspector shall be guided
by such factors as:
D.
Responsible Parties. Any person who is the record owner
of the premises, location or structure at the time an order pursuant
to this Section is issued and served upon him/her shall be responsible
for complying with that order and liable for any costs incurred by
the City therewith, notwithstanding the fact that he/she conveys his/her
interests in the property to another after such order was issued and
served.
[Ord. No. 2010-47 §1(17-6), 5-10-2010]
A.
Procedure. The owners, lienholder and occupants of the property who have been served with a notice pursuant to Section 215.050 of this Chapter, and who do not submit sufficient proof of the commencement of such abatement actions to the Building Inspector not later than three (3) working days before the date scheduled for the hearing, may appear in person or by representative at a hearing with the City Administrator scheduled on a date not sooner than thirty (30) days after the date of the notice letter.
B.
Hearing. The City Administrator shall conduct a full and
adequate hearing upon the question of whether a public nuisance in
fact exists. The City Administrator may amend or modify the notice
or extend the time for compliance with the notice by the owner by
such date as the City Administrator may determine.
C.
Evidence. The owners, lienholder and occupants of the property
or their representative or agents of the subject property shall be
given the opportunity to present evidence to the City Administrator
in the course of the hearing.
D.
Order. Should the evidence support a finding that the building,
structure or condition constitutes a public nuisance, the City Administrator
shall issue an order making specific findings of fact, based upon
competent and substantial evidence, which shows the building, structure
or condition to be a public nuisance and ordering the building, structure
or condition demolished, removed, repaired or otherwise abated by
the City.
E.
Additional Time. The City Administrator, upon written application
by the owner at any time within the period after the notice has been
served, may grant additional time for the owner to effect the abatement
of the public nuisance, provided that such extension is limited to
a specific time period.
F.
Costs To Be Certified. The costs of performance of the abatement
order shall be certified to the City Clerk who shall cause a special
tax bill or assessment therefor against the property to be prepared
and collected by the City Collector. If the building or structure
is demolished, secured or repaired by a contractor pursuant to the
order issued by the Building Inspector, such contractor may file a
mechanic's lien against the property where the dangerous building
is located. The contractor may enforce this lien as provided by Missouri
State law. Except as otherwise provided in this Chapter, at the request
of the taxpayer, the tax bill may be paid in installments over a period
of not more than ten (10) years, upon approval of the City Council.
The tax bill from date of its issuance shall be deemed a personal
debt against the property owners and shall also be a lien on the property
until paid.
G.
Appeal Procedures. The City Council shall be vested with appeal authority. Orders of abatement by the City Administrator may be appealed to the City Council. Appeals must be filed with the City Clerk not later than ten (10) days after the issuance of the order described in Subsection (D) of this Section.
H.
City Council May Waive Costs. In those instances where the
nuisance has been abated by the City, the City Council shall have
discretion to waive the cost of abating a nuisance, in whole or in
part, if, in the course of the hearing reviewing the decision, the
City Council finds that any of the following did not conform to the
provisions of this Chapter.
I.
Finality Of Judgment. If the judgment of the City Council
is not appealed to the Circuit Court within thirty (30) days from
the date of delivery or mailing of notice, the judgment will be declared
final per Chapter 536, RSMo.
[Ord. No. 2010-47 §1(17-7), 5-10-2010]
A.
Procedure. Upon receipt of the statement of costs from the
Building Inspector, the City Clerk shall mail to the owners of the
property upon which the public nuisance has been abated notice of
the amounts set forth in the statement plus an additional amount sufficient
to defray the costs of the notice and stating that the City proposes
to assess against the property the amount set forth in the notice
and that objections to the proposed assessment must be made in writing
and received by the City Clerk within twenty (20) days from the date
of mailing such notice. Upon the expiration of the twenty (20) day
period, if no objections have been received by the City Clerk, the
City Clerk shall enter that amount in the City liens docket which
shall therefore constitute a lien against the property.
B.
Objections. If objections of either the property owner
or their representative are received by the City Clerk prior to the
expiration of the twenty (20) day period, the City Clerk shall refer
the matter to the City Building Inspector for administrative review.
C.
Administrative Review. Upon conclusion of administrative
review, the Building Inspector shall make a written determination
that the amount of the charges shall be canceled, reduced or remain
the same. A copy of this determination shall be furnished to the person
making the objections together with a notice of such person's right
to appeal to the City Council within thirty (30) days.
D.
Absence Of Appeal. If no appeal of a determination by the Building Inspector is filed within the time period allowed, a copy of the determination will be furnished to the City Clerk who shall then enter a lien in the amount determined by the Building Inspector in the City liens docket as provided in Subsection (A) of this Section.
E.
Filing Of Appeal. If a timely appeal is received by the City Council, a hearing shall be scheduled and held on the matter. If, after the hearing, the City Council determines that the proposed assessment does not comply with Subsection (G) herein, the City Council shall so certify to the City Clerk and the proposed assessment shall be canceled. If, after the hearing, it is determined that the proposed assessment or any part of it is proper and authorized, the City Council shall so certify to the City Clerk who shall enter a lien in such amount as determined appropriate by the City Council in the lien docket as provided in Subsection (G) of this Section.
F.
Finality Of City Council. If the judgment of the City Council
is not appealed to the Circuit Court within thirty (30) days from
the date of the City Council's determination of the assessment, the
judgment will be declared final per Chapter 536, RSMo.
G.
Reducing Costs.
1.
Assessments. The Building Inspector, in administrative
review, or the City Council, on appeal, may reduce or cancel a proposed
assessment if it is determined that:
b.
The owner of the property was eligible for a waiver of costs under Section 215.060(H) of this Article.
2.
The Building Inspector, in administrative review, or the City Council,
on appeal, may reduce a proposed assessment by eliminating the civil
penalty portion of the invoice if it is determined that:
a.
The current owner was not in possession of the property at the time the notice required by Section 215.050 was posted; or
b.
The owner did not receive the notice to remove the nuisance, did
not have knowledge of the nuisance and could not, with the exercise
of reasonable diligence, have had such knowledge.
H.
Claim Of Lack Of Notice. If, after a lien has been entered in the docket of City liens, there is a written request of the owner who alleges that the owner did not receive notice of the proposed assessment, the City Clerk shall refer the matter for review pursuant to Section 215.060(D) of this Chapter. The lien may be canceled or reduced by the Building Inspector, in administrative review, or the City Council, on appeal, if it is determined that the owner did not receive notice of the proposed assessment, did not previously have knowledge of the lien or of the nuisance abatement work constituting the basis of the lien, could not, in the exercise of reasonable care or diligence, have had such knowledge and, in addition, that the circumstances are such that a reduction or cancellation of the charges would have been appropriate had the matter been reviewed pursuant to this Section prior to assessment. Upon receipt of a certification from the Building Inspector and/or City Council pursuant to Section 215.060(D), the City Clerk shall cancel or reduce the lien if required by the determination of the Building Inspector and/or City Council. The individuals, firms or corporations who are the owners of the property at the time at which the notice required under Section 215.050 of this Chapter is posted shall be personally liable for the amount of the assessment including all interest, civil penalties and other charges.
I.
Civil Penalties.
1.
Whenever a nuisance is abated by the City, the City Clerk shall keep
an accurate account of all expenses incurred and a civil penalty of
a maximum of two hundred dollars ($200.00) for each nuisance abated.
2.
When the City has abated a nuisance maintained by any owner of real
property, for each subsequent nuisance that is abated by the City
within five (5) consecutive calendar years concerning real property,
owned by the same person, an additional civil penalty of twenty-five
dollars ($25.00) per previous occurrence shall be assessed. The civil
penalty shall be imposed without regard to whether the nuisances abated
by the City involve the same real property or are of the same character.
[Ord. No. 2010-47 §1(17-9), 5-10-2010]
A.
Any owner who fails to remove yard debris within seven (7) days of being notified to do so by the notice abatement order described in Section 215.040(C)(4)(a) above shall be guilty of an ordinance violation and may (at the option of the City) be charged in Municipal Court with the offense of "failure to abate a nuisance". Each day that a violation persists after the notice period shall be considered a new and separate violation hereunder.
B.
Any owner who fails to remove a public nuisance within thirty (30) days of being notified to do so by the notice abatement order described in Section 215.050 above shall be guilty of an ordinance violation and may (at the option of the City) be charged in Municipal Court with the offense of "failure to abate a nuisance". Each day that a violation persists after the notice period shall be considered a new and separate violation hereunder.
[Ord. No. 2007-03 §1(5-8), 1-8-2007]
No person shall keep a cow, bull, mare, horse, goat or sheep
in an outdoor enclosure or pasture, the exterior boundary of which
is within one hundred (100) feet of any residence, business or other
such structure intended for human habitation on a permanent or temporary
basis. The pen, pasture or enclosure in which such animals are kept
shall provide an area of at least nine hundred (900) square feet for
each such animal. This Section shall not apply to animals kept in
the conduct of commercial enterprise or business at locations where
such enterprise or business is permitted. No hogs, swine or pigs shall
be kept within the City under any condition, except that said livestock
may be kept in a place of business where livestock are auctioned,
bought commercially and marketed for sale to third (3rd) parties.
[Ord. No. 2007-03 §1(5-9), 1-8-2007]
[Ord. No. 2007-03 §1(5-10), 1-8-2007]
Every person owning land within the City upon which livestock are kept or permitted to be kept by the landowner or otherwise shall confine or restrict such livestock, fowl or small animals at all times to such property. Failure to so confine or restrict livestock, fowl or small animals kept or permitted to be kept in the City shall be a violation subject to punishment under Section 100.340 of this Code.
[Ord. No. 2007-03 §1(5-11), 1-8-2007]
Every person keeping or maintaining domestic animals or domestic
fowl shall keep the barn, shed, hutch or pen in which such animals
or fowl are kept or maintained in a clean and sanitary condition so
that the same will not create a nuisance as defined by the Code.
