[Ord. No. 718 §§1 —
2(445-010), 9-11-1997]
Any condition on any lot or land that has the presence of debris
of any kind is hereby declared to be a public nuisance, subject to
abatement. Debris includes 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 or more off the ground, rocks or bricks, tin, steel,
parts of derelict cars or trucks, broken furniture, stagnant water,
carrion 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 that it is described in detail in the notice that is required in Section 220.130.
[Ord. No. 718 §§1 —
2 (445.020), 9-11-1997]
Enforcement of this Article shall be the responsibility of the
Building Officer or Building Code Enforcement Officer of the City.
Enforcement shall commence by providing notice to the owner of the
property of the nuisance condition existing on his/her its property.
If the address of the owner of the property is known, the notice may
be delivered by personal service, by certified mail or by ordinary
mail. If sent by ordinary mail, there will be a rebuttable presumption
that the letter was delivered five (5) days after the date it was
sent. If the address of the owner is not known, notice may be made
by publication in any newspaper in general circulation in the City
of Hayti. The seven (7) day period shall commence upon the date of
publication. 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 abate the nuisance within
a period of seven (7) days from the receipt of the notice. A copy
of this Article shall accompany any personally delivered or mailed
notice.
[Ord. No. 718 §§1 —
2(445.030), 9-11-1997]
Any owner who wishes to challenge the order of abatement may do so provided that within the seven (7) day period from receipt of the notice provided for in Section 220.130 he/she it requests a hearing on the validity of the order under the State Administrative Procedure Act, RSMo., Chapter 536. If no such request is made within that specified 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 Board of Aldermen. The request for a hearing must be in writing, but otherwise no particular formality is required. 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.
[Ord. No. 718 §§1 —
2(445.040), 9-11-1997]
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 abated. In the case of stagnant water,
abatement shall be by filling and/or draining the area holding the
water. (The costs of abatement may include a fee for the City's costs
in administering this Article, which administration fee shall not
exceed one hundred dollars ($100.00).) The enforcement official shall
certify 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.
[Ord. No. 718 §§1 —
2(445.050), 9-11-1997]
An owner who fails to remove a nuisance within seven (7) days of being notified to do so by the notice and abatement order described in Section 220.130 above shall be guilty of an offense and may (at the option of the City) be charged in Municipal Court with the offense of "failure to abate a nuisance".
