[R.O. 2011 § 220.121; Ord. No. 13-236 § 1, 12-3-2013]
[R.O. 2011 § 220.122; Ord. No. 13-236 § 1, 12-3-2013]
As used in this Article, the following
terms shall have the meanings indicated:
Property upon which two (2) or more of the behaviors listed
below have occurred during any 365-day period, as a result of any
two (2) separate factual events that have been independently investigated
by any law enforcement agency:
First degree murder as defined in
565.020, RSMo.;
Any kidnapping offense as defined
in 565.110, RSMo.;
Any offense involving deadly weapons
as defined in Chapter 571, RSMo.;
Criminal street gang activity as
defined in Section 578.421 et seq., RSMo.;
Possession, manufacture or delivery
of controlled substances as defined in Chapter 579, RSMo.;
[Ord. No. 19-131, 6-4-2019]
Sexual offenses as defined in Chapter
566, RSMo.;
Possession, cultivation, manufacture
or delivery of cannabis as defined in Chapter 579, RSMo., except for
medical marijuana lawfully possessed, cultivated, manufactured or
dispensed pursuant to Article XIV, Section 1, of the Missouri Constitution;
[Ord. No. 19-131, 6-4-2019]
Property upon which three (3) or more of the behaviors listed
below have occurred during any 180-day period, as a result of any
three (3) separate factual events that have been independently investigated
by any law enforcement agency or code enforcement officer:
First degree murder as defined in
565.020, RSMo.;
Any kidnapping offense as defined
in 565.110, RSMo.;
Any offense involving deadly weapons
as defined in Chapter 571, RSMo.;
Criminal street gang activities as
defined in Section 578.421 et seq., RSMo.;
Possession, manufacture or delivery
of controlled substances as defined in Chapter 579, RSMo.;
[Ord. No. 19-131, 6-4-2019]
Sexual offenses as defined in Chapter
566, RSMo.;
Possession, cultivation, manufacture
or delivery of cannabis as defined in Chapter 579, RSMo., except for
medical marijuana lawfully possessed, cultivated, manufactured or
dispensed pursuant to Article XIV, Section 1, of the Missouri Constitution;
[Ord. No. 19-131, 6-4-2019]
Gambling as defined in Chapter 572,
RSMo.;
Assault or any related offense as
defined in Chapter 565, RSMo.; and
Prostitution as defined in Chapter
567, RSMo.
The ability to regulate, restrain, dominate, counteract or
govern conduct that occurs on that property.
Any person, partnership, limited liability company, trust,
or corporation having any legal or equitable interest in the property.
Owner includes, but is not limited to:
To suffer, allow, consent to, acquiesce by failure to prevent,
or expressly assent or agree to the doing of an act.
Any natural person, association, partnership, limited liability
company, trust, or corporation capable of owning or using property
in the City of St. Charles.
Any real property, including that
which is affixed, incidental or pertinent to land, including but not
limited to any premises, room, house, building, structure, apartment,
condominium unit or any separate part or portion thereof, whether
permitted or not.
Any two or more buildings, premises
or building complexes under common ownership that are contiguous,
or whose property lines are within two hundred fifty (250) feet of
each other may be considered a single property.
[R.O. 2011 § 220.123; Ord. No. 13-236 § 1, 12-3-2013]
A.
In the event the Municipal Court determines
property to be a chronic nuisance property or an aggravated chronic
nuisance property, the Court may order that the property be closed
and secured against all use and occupancy for a period of not less
than thirty (30) days, but not more than one hundred eighty (180)
days, or the Court may employ any other remedy deemed by it to be
appropriate to abate the nuisance.
B.
In addition to the remedy provided in Subsection (A) above, the Court may impose upon the owner of the property a civil penalty in the amount of up to five hundred dollars ($500.00) per day, payable to the City, for each day the owner had actual knowledge that the property was a chronic nuisance property or an aggravated chronic nuisance property and permitted the property to remain a chronic nuisance property or an aggravated chronic nuisance property.
C.
In determining what remedy or remedies
shall be employed, the Court may consider evidence of other conduct
which has occurred on the property, including, but not limited to:
1.
The actions or lack of action taken
by the owner to mitigate or correct the problem at the property;
2.
Whether the problem at the property
was repeated or continuous;
3.
The magnitude or gravity of the problem;
4.
The cooperation of the person in
charge with the City;
6.
The cost of the City investigating
and correcting or attempting to correct the condition;
7.
The disturbance of neighbors;
8.
The recurrence of loud and obnoxious
noises; or
9.
Repeated consumption of alcohol in
public.
D.
The Court may authorize the City to physically
secure the property against use or occupancy in the event the owner
fails to do so within the time specified by the Court or to take other
steps necessary to abate a chronic public nuisance or an aggravated
chronic nuisance.
E.
In the event that the City is authorized
to secure the property or otherwise abate a chronic public nuisance
or an aggravated chronic nuisance, all costs reasonably incurred by
the City to effect a closure or abate the nuisance shall be assessed
against the owner. The City shall submit a statement of costs to the
Court for its review. If no objection of the statement is made within
the period described by the Court, or if the Court, after objection
is made, determines that the statement of costs is accurate, the Court
shall approve such costs.
F.
Any person who is assessed the cost of
abatement or civil penalty by the Court shall be personally liable
for the payment thereof to the City. If payment is not made, the City
may pursue all available collection procedures, including but not
limited to the filing of a lien on the property found to be a chronic
public nuisance or an aggravated chronic nuisance, a civil collection
action, or requesting a Court to find the owner in contempt of Court
for nonpayment of such costs.
G.
A tenant is entitled to his or her reasonable
relocation costs from the owner, as those are determined by the Court
if, without actual notice, the tenant moved into the property, after
the owner received notice as described herein of the Police Chief's
determination as described above.
H.
The City, in addition to any other remedies
set forth herein, may, at its discretion, charge an owner of a chronic
public nuisance or an aggravated chronic public nuisance with a violation
of this Article which shall be processed and prosecuted as an ordinance
violation.
[R.O. 2011 § 220.124; Ord. No. 13-236 § 1, 12-3-2013]
A.
When the Chief of Police receives two or more police reports documenting the occurrence of nuisance activity on or within a property, the Chief of Police shall independently review such reports to determine whether they describe acts set forth in Section 220.122 of this Article. Upon such findings, the Chief may:
1.
Notify the owner in writing that
the property is in danger of becoming a chronic nuisance property.
The notice shall contain the following information:
a.
The street address or a legal description sufficient for identification
of the property.
b.
A statement that the Chief of Police has information that the property
may be a chronic nuisance property, with a concise description of
the nuisance activities that may exist, or that have occurred. The
Chief of Police shall offer the person in charge an opportunity to
propose a course of action that the Chief of Police agrees will abate
the nuisance activities giving rise to the violation.
c.
Demand that the owner respond to the Chief of Police within ten (10)
days to discuss the nuisance activities.
2.
After complying with the notification
procedures described herein, when the Chief of Police receives a police
report documenting the occurrence of a third nuisance activity at
or within a property and determines that the property has become a
chronic nuisance property, the Chief of Police shall:
a.
Notify the owner in writing that
the property has been determined to be a chronic nuisance property.
The notice shall contain the following information:
(1)
The street address or
legal description sufficient for identification of the property.
(2)
A statement that the
Chief of Police has determined the property to be a chronic nuisance
property with a concise description of the nuisance activities leading
to his/her findings.
(3)
Demand that the owner
respond within ten (10) days to the Chief of Police and propose a
course of action that the Chief of Police agrees will abate the nuisance
activities giving rise to the violation.
(4)
Service shall be made
either personally or by first class mail, postage prepaid, return
receipt requested, addressed to the owner at the address of the property
believed to be a chronic nuisance property, or such other place which
is likely to give the person in charge notice of the determination
by the Chief of Police.
(5)
A copy of the notice
shall be served on the owner at such address as shown on the tax rolls
of the County or the occupant, at the address of the property, if
these persons are different than the owner, and shall be made either
personally or by first class mail, postage prepaid.
(6)
A copy of the notice
shall also be posted at the property after ten (10) days has elapsed
from the service or mailing of the notice to the owner and the owner
has not contacted the Chief of Police.
b.
The failure of any person to receive notice that the property may be a chronic nuisance property shall not invalidate or otherwise affect the proceedings under this Article. The notification procedures set forth in this Section 220.124 need not be followed in cases of aggravated chronic public nuisances.
c.
After the notification, but prior to the commencement of legal proceedings by the City pursuant to this Article, an owner may stipulate with the Chief of Police that the owner will pursue a course of action the parties agree will abate the nuisance activities giving rise to the violation. In addition to the abatement of the conditions leading to a designation of the property as a chronic nuisance or an aggravated chronic nuisance, the owner may also be required to stipulate to the abatement of violations of the Property Maintenance Code (Chapter 500, Article V, of the Code of Ordinances of the City of St. Charles). If the agreed course of action does not result in the abatement of the nuisance activity or if no agreement concerning abatement is reached within thirty (30) days, the Chief of Police shall request authorization for the City Attorney or designee to commence a legal proceeding to abate the nuisance.
d.
Concurrent with the notification
procedures set forth herein, the Chief of Police shall send copies
of the notice, as well as any other documentation which supports legal
proceedings, to the City Attorney or designee.
[R.O. 2011 § 220.125; Ord. No. 13-236 § 1, 12-3-2013]
A.
The City Attorney or designee may commence an action to abate a chronic nuisance or an aggravated chronic nuisance as described in Section 220.122.
B.
In an action seeking abatement of a chronic
nuisance property, the City shall have the initial burden of showing
by preponderance of the evidence that the property is a chronic nuisance
property or an aggravated chronic nuisance property.
C.
It is a defense to an action seeking the
closure of a chronic nuisance property or an aggravated chronic nuisance
property that the owner of the property at the time in question could
not, in the exercise of reasonable care or diligence, determine that
the property had become a chronic nuisance property or an aggravated
chronic nuisance property, or could not, in spite of the exercise
of reasonable care and diligence, control the conduct leading to the
findings that the property is a chronic nuisance property or an aggravated
chronic nuisance property.
[R.O. 2011 § 220.126; Ord. No. 13-236 § 1, 12-3-2013]
A.
In the event that it is determined that the property is an immediate threat to the public safety and welfare, the City may apply to the Court for such interim relief, as is deemed by the Chief of Police to be appropriate. In such an event, the notification provision set forth in Section 220.124 above need not be complied with; however, the City shall make a diligent effort to notify the person in charge prior to a Court hearing.
B.
In the event that the Court finds the property constitutes a chronic nuisance property or an aggravated chronic nuisance property, and finds that the property is an immediate threat to the public safety and welfare, the Court may order the remedies set forth in Section 220.123 of this Article. In addition, in the event that it also finds the person in charge had knowledge of activities or conditions of the property constituting or violating this Article and permitted the activities to occur, the Court may assess a civil fine as provided above.
