[R.O. 2012 §700.200; Ord. No. 661 Art. 1 §1, 5-6-1996]
The following rules and regulations are hereby adopted to govern
the sewer services furnished by the municipality in a uniform manner
for the benefit of the municipality and its sewer users. If any portion
of these rules shall be declared invalid by competent authority, such
voidance shall not affect the validity of the remaining portions.
[R.O. 2012 §700.210; Ord. No. 661 Art. II §§1 — 26, 5-6-1996; Ord. No. 685 §I, 6-2-1997]
Unless the context specifically indicates otherwise, the meaning
of terms used in this Article shall be as follows:
Any individual, firm, partnership, corporation or other agency
owning land within the municipality applying for a sewer service.
The Board of Aldermen of the City of Ash Grove, Missouri.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five (5)
days at twenty degrees Celsius (20°C), expressed in milligrams
per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
sewer, beginning five (5) feet (1.5 meters) outside the inner face
of the building wall.
The extension from the building drain to the public sewer
or other place of disposal.
A sewer receiving both surface runoff and sewage.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and
sale of produce.
The liquid wastes from industrial manufacturing processes,
trade, or business as distinct from sanitary sewage.
The person or persons duly authorized by the Board of Aldermen
to inspect and approve the installation of building sewers and their
connection to the public sewer system.
The City Ash Grove, Missouri.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface or ground water.
Any individual, firm, company, association, society, corporation,
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The wastes from the preparation, cooking, and dispensing
of food that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers, with no particle greater than one-half (½)
inch (1.27 centimeters) in any dimension.
A sewer in which all owners of abutting properties have equal
rights, and which is controlled by public authority. It shall be approved
by all appropriate governmental authority and accepted by the City
for operation and maintenance. It shall include six (6) inches and
larger collection lines which can provide sewer service to more than
one (1) building sewer and has Superintendent approved access for
maintenance through manholes or lampholes.
A sewer which carries sewage and to which storm, surface
and groundwaters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such ground, surface, and stormwaters as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
Is mandatory; MAY: Is permissive.
Any discharge of water, sewage, or industrial waste which
in concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than fifteen (15) minutes more than
five (5) times for the average twenty-four (24) hour concentration
or flows during normal operation.
A sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
The Superintendent of the Municipal Sewage Works of the City
or his/her authorized deputy, agent or representative.
Solids that either float on the surface of, or are in suspension
in water, sewage, or other liquids, and which are removable by laboratory
filtering.
A channel in which a flow of water occurs, either continuously
or intermittently.
[R.O. 2012 §700.220; Ord. No. 661 Art. III §§1 — 4, 5-6-1996]
A.
It
shall be unlawful for any person to place, deposit, or permit to be
deposited in any unsanitary manner on public or private property within
the City or in any area under the jurisdiction of said City, any human
or animal excrement, garbage, or other objectionable waste.
B.
It
shall be unlawful to discharge to any natural outlet within the City,
or in any area under the jurisdiction of said City, any sewage or
other polluted waters, except where suitable treatment has been provided
in accordance with subsequent provisions of this Article.
C.
Except
as hereinafter provided, it shall be unlawful to construct or maintain
any privy, privy vault, septic tank, cesspool, or other facility intended
or used for the disposal of sewage.
D.
The
owner of all houses, buildings, or properties used for human employment,
recreation, or other purposes, situated within the City and abutting
on any street, alley, or right-of-way in which there is now located
or may in the future be located a public sanitary or combined sewer
of the City, is hereby required, at his/her expense, to install suitable
toilet facilities therein and to connect such facilities directly
with the proper public sewer in accordance with the provisions of
this Article, within ninety (90) days after date of official notice
to do so, provided that said public sewer is within one hundred (100)
feet (30.5 meters) of the property line.
[R.O. 2012 §700.230; Ord. No. 661 Art. IV §§1 — 8, 5-6-1996]
A.
Where a public sanitary or combined sewer is not available under the provisions of Section 700.220, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Section.
B.
Before
commencement of construction of a private sewage disposal system,
the owner shall first obtain a written permit signed by the Superintendent.
The application for such permit shall be made on a form furnished
by the City, which the applicant shall supplement by any plans, specifications,
and other information as are deemed necessary by the Superintendent.
A permit and inspection fee of five dollars ($5.00) shall be paid
to the City at the time the application is filed.
C.
A permit
for a private sewage disposal system shall not become effective until
the installation is completed to the satisfaction of the Superintendent.
He/she shall be allowed to inspect the work at any stage of construction
and, in any event, the applicant for the permit shall notify the Superintendent
when the work is ready for final inspection, and before any underground
portions are covered. The inspection shall be made within twenty-four
(24) hours of the receipt of notice by the Superintendent.
D.
The
type, capacities, location, and layout of a private sewage disposal
system shall comply with all recommendations of the Department of
Natural Resources and/or the Department of Health of the State of
Missouri. No permit shall be issued for any private sewage disposal
system employing subsurface soil absorption facilities where the area
of the lot is less than fifteen thousand (15,000) square feet. No
septic tank or cesspool shall be permitted to discharge to any natural
outlet.
E.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Subsection (D) above, a direct connection shall be made to the public sewer in compliance with this Article, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
F.
The
owner shall operate and maintain the private sewage disposal facilities
in a sanitary manner at all times, at no expense to the City.
G.
No
statement contained in this Section shall be construed to interfere
with any additional requirements that may be imposed by the Health
Officer.
H.
When
a public sewer becomes available, the building sewer shall be connected
to said sewer within ninety (90) days and the private sewage disposal
system shall be cleaned of sludge and filled with clean bankrun gravel
or dirt.
[R.O. 2012 §700.240; Ord. No. 685 §II, 6-2-1997]
The owner of all houses, buildings, or properties which have
a properly installed building sewer shall maintain the building sewer
to a condition equal to those provisions provided in this Article
at the owner's cost. The Inspector may perform tests on any building
sewer previously connected to the City collection system to determine
the condition of the building sewer and shall notify the owner of
the building sewer in writing of any defects determined by such tests.
The owner of the building sewer shall make the required repairs within
forty-five (45) days of receipt of the notice.
[R.O. 2012 §700.250; Ord. No. 661 Art. V §2, 5-6-1996; Ord. No. 685 §III, 6-2-1997]
A.
Permits.
1.
No unauthorized person shall uncover, make any connections with or
opening into, use, alter, or disturb any public sewer or appurtenances
thereof without first obtaining a written permit from the Superintendent.
2.
There shall be two (2) classes of building sewer permits:
a.
For residential and commercial service, and
b.
For service to establishments producing industrial wastes.
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In either case, the owner or his/her agent shall make application
on a special form furnished by the City. The permit application shall
be supplemented by any plans, specifications, or other information
considered pertinent in the judgment of the Superintendent. An inspection
fee of ten dollars ($10.00) for a residential or fifty dollars ($50.00)
for a commercial building sewer permit and one hundred dollars ($100.00)
for an industrial building sewer permit shall be paid to the City
at the time the application is filed.
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B.
No
person shall make connection of roof downspouts, interior and exterior
foundation drains, areaway drains, or other sources of surface runoff
or groundwater to a building sewer or building drain which in turn
is connected directly or indirectly to a public sanitary sewer.
C.
All
costs and expense incidental to the installation and connection to
the building sewer shall be borne by the owner, including but not
limited to sewer main damage; street, drainage, and sidewalk damage,
or other utility damage. The owner or the person installing the building
for said owner shall indemnify said City from any loss or damage that
may directly or indirectly be occasioned by said installation.
D.
A separate
and independent building sewer shall be provided for every building;
except where one (1) building stands at the rear of another on an
interior lot and no private sewer is available or can be constructed
to the rear building through an adjoining alley, courtyard, or driveway,
the building sewer from the front building may be extended to the
rear building and the whole considered as one (1) building sewer.
E.
Old,
existing building sewer or portions thereof, may be used for connection
to the City collection system only when they are found on examination
and test to meet all requirements of this Section. The old, existing
building sewer shall be uncovered and ends plugged and tested by the
owner of the building sewer. This provision shall include the testing
of building sewers which were previously connected to a private collection
system which has been taken over by the City as a part of the City
collection system.
F.
The
building sewer shall be constructed of pipe and fittings meeting the
current ASTM Specifications as listed in Appendix "A" on file in the
office of the City Clerk. If the building sewer is installed in filled
or unstable ground, the building sewer shall be of cast iron soil
pipe.
G.
Testing Of Pipes And Connections.
1.
All joints and connections shall be made gas-tight and watertight.
Connections between pipe of different materials shall be made by adapters
specifically designed for that purpose and shall provide a gas and
watertight connection.
2.
Testing to determine acceptability shall include a water leakage
test. The building sewer shall be considered acceptable with the water
leakage test rates below the following:
3.
All pipes tested shall be subjected to a test pressure of at least
five (5) feet of water column. A minimum water leakage test time shall
be one (1) hour. Where a saturated ground water connection of at least
one (1.0) foot of water column over the pipe exists, the above rates
shall be used to measure acceptable leakage in to the pipe.
4.
In lieu of the water leakage test where a saturated ground water
condition of more then one (1) foot of water column over the pipe
does not exist, a low pressure air test may be used. The low pressure
air test shall use equipment designed for testing of sewer lines.
Air inflated plugs shall be inserted at each end of the pipe to be
tested to provide an airtight seal. Low pressure air shall then be
introduced through one of the plugs to a maximum pressure of 4.0 psi.
A pressure gauge shall be used to monitor the test pressure and shall
have a range of 0 — 30 psi with graduations in 0.1 psi from
0 to 10 psi and shall cover ninety percent (90%) of the complete dial
range. After a minimum of two (2) minutes for pressure stabilization,
the test shall begin with a minimum test pressure of 3.5 psi and the
time measured for the pressure to drop to 2.51 psi. A minimum time
of test for 1.0 psi pressure drop shall be one (1) minute per one
hundred (100) feet of pipe being tested.
5.
Before joining the pipe in the trench, the bell and spigot surfaces
shall be wiped freely of dirt or other foreign matter. A lubricant
or sealer as recommended by the pipe manufacturer shall be applied
to the bell and spigot mating surfaces just before they are joined
together.
6.
The spigot end shall be positioned into the bell end of the pipe
previously laid and shall then be shoved home to compress the joint
and to assure a tight fit between the interfaces.
7.
Solvent welds shall be made using materials specifically designed
for the pipe used. "All purpose glues" shall not be used.
H.
The
size and minimum slope of the building sewer shall be as provided
herein, subject to the review and approval of the Superintendent,
but in no event shall the pipe inside diameter be less than four (4)
inches. The following table shall be used to determine the minimum
building sewer line size requirements.
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Inside Diameter
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Maximum Discharge Flow Rate
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Minimum Grade or Slope
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4 inches
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35 gal/min.
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1.0%
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6 inches
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90 gal/min.
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0.6%
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8 inches
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150 gal/min.
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0.4%
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I.
Whenever
possible the building sewer shall be brought to the building at an
elevation below the basement floor. The depth shall be sufficient
to afford protection from frost with a minimum of twenty-four (24)
inches including under ditches. All excavations required for the installation
of a building sewer shall be open trench work unless otherwise approved
by the said Inspector. Pipe laying and backfill shall be performed
in accordance with ASTM Specification D2321 for plastic and ASTM C12
for cast iron soil pipe, except that no backfill shall be placed until
the work has been inspected by the Inspector or his/her representative.
Installation and backfill shall be in accordance with this Section
and Appendix "B", on file in the office of the City Clerk.
J.
The
building sewer line shall be placed on crushed rock bedding material
with a minimum thickness of three (3) inches. Non-crushed creek gravel
shall not be used for bedding material. The bedding material shall
be used to provide a uniform bearing area for the pipe and joints.
Bedding material consists of crushed stone ranging in size from a
maximum one-half (½) inch diameter to a minimum size which
is retained on a No. 4 sieve. Over excavation of the trench shall
be backfilled to the proper grade by the use of bedding materials.
K.
In
all buildings in which any building drain is too low to permit gravity
to flow to the public sewer, sanitary sewage carried by such drains
shall be lifted by approved artificial means (pumps) and discharged
to the building sewer. No water operated sewage ejector shall be used.
All costs of operation and maintenance of lifting devices shall be
by the building owner.
L.
The
connection of the building sewer into the public sewer shall be made
at the "T" or "Y" branch designated for that property, if such branch
is available at a suitable location. Any connection not made at the
designated "T" or "Y" branch in the main sewer, shall be made only
as directed by the said Inspector using a tapping tool, saddle type
"T" or "Y" with epoxy or solvent cement or gasketed with mechanical
attachment used to fix the fitting to the pipe.
M.
Outside
the foundation, the building sewer line shall have a clean-out installed
complete with a watertight plug installed at the ground surface. An
additional clean-out shall be placed at each bend in direction of
forty-five degrees (45°) or greater. The alignment of the building
sewer line shall be straight with bends made using fittings designed
for the degree of bend required. Connections between dissimilar pipe
materials shall be made using a flexible watertight coupling. Straight
runs longer than one hundred (100) feet shall have a clean-out installed
with a maximum length between clean-out of one hundred (100) feet.
N.
The
applicant for the building sewer shall notify the said Inspector when
the building sewer is ready for inspection and connection to the public
sewer. The connection shall be made under the supervision of the said
Inspector or his/her representative.
O.
All
excavations for building sewer installation shall be adequately guarded
with barricades and lights so as to protect the public from hazard.
Streets, sidewalks, parkways and other public property disturbed in
the course of the work shall be restored in a manner satisfactory
to the City.
P.
Upon
completion and approval for use of the "building sewer" the previously
used septic tank, cesspool, privy vault or other forms of treatment
shall be taken out of service by first pumping the contents from the
septic tank, etc., by a properly licensed septic tank cleaning service,
then removal or by carving in the facility and filling with crushed
rock or earth fill. The results of abandonment shall leave a safe,
environmentally sound and aesthetically pleasing site.
[R.O. 2012 §700.260; Ord. No. 661 Art. VI §§1 — 10, 5-6-1996]
A.
No
person shall discharge or cause to be discharged any stormwater, surface
water, ground water, roof runoff, subsurface drainage, including interior
and exterior foundation drains, uncontaminated cooling water, or unpolluted
industrial process waters to any sanitary sewer.
B.
Stormwater
and all other unpolluted drainage shall be discharged to such sewers
as are specifically designated as combined sewers or storm sewers,
or to a natural outlet approved by the Superintendent. Industrial
cooling water or unpolluted process waters may be discharged on approval
of the Superintendent, to a storm sewer, combined sewer, or natural
outlet.
C.
No
person shall discharge or cause to be discharged any of the following
described waters or wastes to any public sewers:
1.
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive
liquid, solid, or gas.
2.
Any waters or wastes containing toxic or poisonous solids, liquids,
or gases in sufficient quantity, either singly or by interaction with
other wastes, or injure or interfere with any sewage treatment process,
constitute a hazard to human or animals, create a public nuisance,
or create any hazard in the receiving waters of the sewage treatment
plant, including but not limited to cyanides in excess of two (2)
mg/l as CN in the wastes as discharged to the public sewer.
3.
Any waters or wastes having a pH lower than 5.5, or having any other
corrosive property capable of causing damage or hazard to structures,
equipment, and personnel of the sewage works.
4.
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers, or other interference
with the proper operation of the sewage works such as, but not limited
to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails and paper dishes, cups, mild
containers, etc., either whole or ground by garbage grinders.
5.
Any waters or wastes having:
a.
A five (5) day BOD greater than three hundred (300) parts per million
by weight, or
b.
Containing more than three hundred fifty (350) parts per million
by weight of suspended solids, or
c.
Having an average daily flow greater than two percent (2%) of the
average sewage flow of the City;
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shall be subject to the review of the Superintendent. Where
necessary in the opinion of the Superintendent, the owner shall provide,
at his/her expense, such preliminary treatments as may be necessary
to:
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a.
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Reduce the biochemical oxygen demand to three hundred (300)
parts per million by weight,
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b.
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Reduce the suspended solids to three hundred fifty (350) parts
per million by weight, or
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c.
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Control the quantities and rates of any other pertinent information
relating to proposed preliminary treatment facilities which shall
be submitted for the approval of the Superintendent and no construction
of such facilities shall be commenced until said approvals are obtained
in writing.
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D.
No
person shall discharge or cause to be discharged the following described
substances, materials, waters, or wastes if it appears likely in the
opinion of the Superintendent that such wastes can harm either the
sewers, sewage treatment process, or equipment, have an adverse effect
on the receiving stream, or can otherwise endanger life, limb, public
property, or constitute a nuisance. In forming his/her opinion as
to the acceptability of these wastes, the Superintendent will give
consideration to such factors as the quantities of subject wastes
in relation to flows and velocities in the sewers, materials, of construction
of the sewers, nature of the sewage treatment process, capacity of
the sewage treatment plant, degree of treatability of wastes in the
sewage treatment plant, and other pertinent factors. The substances
prohibited are:
1.
Any liquid or vapor having a temperature higher than one hundred
fifty degrees (150°) Fahrenheit (65°C).
2.
Any water or waste containing fats, wax, grease or oils, whether
emulsified or not, in excess of one hundred (100) mg/l or containing
substances which may solidify or become viscous at temperatures between
thirty-two degrees (32°) and one hundred fifty degrees (150°)
Fahrenheit (0° and 65°C).
3.
Any garbage that has not been properly shredded. The installation
and operation of any garbage grinder equipped with a motor of three-quarters
(¾) horsepower (0.76 hp metric) or greater shall be subject
to the review and approval of the Superintendent.
4.
Any waters or wastes containing strong acid iron pickling wastes,
or concentrated plating solutions whether neutralized or not.
5.
Any waters or wastes containing iron, chromium, copper, zinc, and
similar objectionable or toxic substances; or wastes exerting an excessive
chlorine requirement, to such degree that any such material received
in the composite sewage at the sewage treatment works exceeds the
limits established by the Superintendent for such materials.
6.
Any waters or wastes containing phenols or other taste or odor producing
substances, in such concentrations exceeding limits which may be established
by the Superintendent as necessary, after treatment of the composite
sewage, to meet the requirements of State, Federal, or other public
agencies of jurisdiction for such discharge to the receiving water.
7.
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Superintendent in compliance
with applicable State or Federal Regulations.
8.
Any waters or wastes having a pH in excess of 9.5.
9.
Materials which exert or cause:
a.
Unusual concentrations of inert suspended solids (such as, but not
limited to, Fullers earth, lime slurries, and lime residues) or of
dissolved solids (such as, but not limited to, sodium sulfate).
b.
Excessive discoloration (such as, but not limited to, dye wastes
and vegetable tanning solutions).
c.
Unusual BOD, chemical oxygen demand, or chlorine requirements in
such quantities as to constitute a significant load on the sewage
treatment works.
d.
Unusual volume of flow or concentration of wastes constituting "slugs"
as defined herein.
10.
Waters or wastes containing substances which are not amenable to
treatment or reduction by the sewage treatment process employed, or
are amenable to treatment only to such degree that the sewage treatment
plant effluent cannot meet the requirements of other agencies having
jurisdiction over discharge to the receiving water.
E.
If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection (D) of this Section, and which in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the Superintendent may:
1.
Reject the wastes;
2.
Require pretreatment to an acceptable condition for discharge to
the public sewers;
3.
Require control over the quantities and rates of discharge; and/or
4.
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Subsection (J) of this Section.
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If the Superintendent permits the pretreatment or equalization
of waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Superintendent,
and subject to the requirements of all applicable codes, ordinances,
and laws.
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F.
Grease,
oil, and sand interceptors shall be provided when, in the opinion
of the Superintendent, they are necessary for the proper handling
of liquid wastes containing grease in excessive amounts, or any flammable
wastes, sand or other harmful ingredients; except that such interceptors
shall not be required for private living quarters or dwelling units.
All interceptors shall be located as to be readily and easily accessible
for cleaning and inspection.
G.
Where
preliminary treatment or flow equalizing facilities are provided for
any waters or wastes, they shall be maintained continuously in satisfactory
and effective operation by the owner at his/her expense.
H.
When
required by the Superintendent, the owner of any property serviced
by a building sewer carrying industrial wastes shall install a suitable
control manhole together with such necessary meters and other appurtenances
in the building sewer to facilitate observation, sampling, and measurement
of the wastes. Such manhole, when required, shall be accessible and
safely located, and shall be constructed in accordance with plans
approved by the Superintendent. The manhole shall be installed by
the owner at his/her expense, and shall be maintained by him/her so
as to be safe and accessible at all times.
I.
All
measurements, tests, and analyses of the characteristics of waters
and wastes to which reference is made in this Section shall be determined
in accordance with the latest edition of "Standard Methods for the
Examination of Water and Wastewater", published by the American Public
Health Association, and shall be determined at the control manhole
provided, or upon suitable samples taken at said control manhole.
In the event that no special manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole in
the public sewer to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted method to reflect
the effect of constituents upon the sewage works and to determine
the existence of hazards to life, limb, and property. The particular
analyses involved will determine whether a twenty-four (24) hour composite
of all outfalls of a premise is appropriate or whether a grab sample
or samples should be taken. Normally, but not always, BOD and suspended
solids analyses are obtained from twenty-four (24) hour composites
of all outfalls whereas pH's are determined from periodic grab sample(s).
J.
No
statement contained in this Section shall be construed as preventing
any special agreement or arrangement between the City and any industrial
concern whereby an industrial waste of unusual strength or character
may be accepted by the City for treatment, subject to payment therefore,
by the industrial concern.
[R.O. 2012 §700.270; Ord. No. 685 §IV, 6-2-1997]
No unauthorized person shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface, or tamper with any structure,
appurtenance, or equipment which is a part of the municipal sewage
works. Any person violating this provision shall be subject to immediate
arrest under charge of disorderly conduct.
[R.O. 2012 §700.280; Ord. No. 685 §V, 6-2-1997]
The Superintendent, Inspector, and other duly authorized employees
of the City bearing proper credentials and identification shall be
permitted to enter upon all properties for the purpose of inspection,
observation, measurements, sampling, and testing, in accordance with
the provisions of this Article.
[R.O. 2012 §700.285; Ord. No. 920 Art. IX §§1 — 5, 8-11-2011]
A.
Any property owner suspected to be in violation of any provision of this Chapter, except Sections 700.270 and 700.290, shall be served by the City with written notice specifically stating the nature of the violation and providing notice of a hearing before the Board regarding the alleged violation(s) at least fourteen (14) days in advance of the occurrence of said hearing. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
The property owner(s) shall personally appear at the hearing referenced in Subsection (A) of this Section and may also be represented by counsel. All affected parties shall have an opportunity to be heard. At the hearing, the property owner(s) must show cause indicating why said owner is not in violation of this Section. If the evidence reviewed by the Board supports a finding based upon competent and substantial evidence that the property owner is in violation of this Section and that such violation affects the public health, community standards, or the civic development of the City, the Board shall issue an order based upon its findings of fact commanding the owner, occupant, mortgagee, lessee, agent or other person(s) having an interest in said building as shown by the land records of the Recorder of Deeds of Greene County, Missouri, to remedy the violation within thirty (30) days of the issuance of the Board's order or be subject to the City entering or causing to be entered by an agent or contractor of the City the property found to be in violation of this Section for the purpose of remedying, curing and abating said violation. If the evidence does not support a finding that the property owner is in violation of this Section, no order shall be issued.
C.
If the owner, occupant, mortgagee or lessee fails to comply with the Board's order, as entered pursuant to Subsection (B) above within thirty (30) days, the Board shall cause such violation to be remedied, cured, and abated, as the facts may warrant, including entering or causing to be entered by an agent or contractor of the City the property found to be in violation of this Section. Prior to entering or causing the property found to be in violation to be entered by the City or an agent or contractor of the City, the Board shall provide written notice to the offender indicating that the City will be exercising its right to remedy the violation. Following remedying, curing, and abating the violation, the Board shall certify the cost of the work borne by the City for such work as a lien upon said property and the lien shall be deemed a personal debt against the property owner(s) unless the violation is remedied by a contractor pursuant to an order issued by the City and such contractor files a mechanic's lien against the property where the violation is located. The contractor may enforce this lien as provided in Sections 429.010 to 429.360, RSMo. At the request of the taxpayer, a lien assessed by the City may be paid in installments over a period of not more than ten (10) years; said lien shall bear interest at the rate of ten percent (10%) per annum until paid in full. Such installment agreement shall be granted at the sole discretion of the Board. Absent an agreement for repayment in installments, or in the event of an offender's failure to make a payment pursuant to an agreement for repayment in installments, the City shall, at any time, have the right to bring civil suit against the offender to collect the full amount of the lien.
D.
All
written notice referenced by this Section shall be either by personal
service or by certified mail, return receipt requested.
E.
Any
person violating any of the provisions of this Section shall become
liable to the City for any expense, loss, or damage occasioned the
City by reason of such violation.
[R.O. 2012 §700.290; Ord. No. 685 §VI, 6-2-1997; Ord. No. 920 Art. X §§1 — 2, 8-11-2011]
A.
Any person who shall continue any violation of this Article subsequent to an order by the Board to remedy said violation issued pursuant to Section 700.285(B) shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount of one hundred dollars ($100.00) for each violation. Each twenty-four (24) hour period in which any such violation shall continue shall be deemed a separate offense.
B.
Any criminal penalty imposed by this Section shall be separate, apart, and exclusive from any and all liens levied or civil suits filed by the City pursuant to Section 700.285 and the imposition of a lien pursuant to this Section shall not prevent prosecution or violation of the same nor shall criminal prosecution pursuant to this Section prevent the levying of a lien or filing of civil suit by the City against the offender pursuant to Section 700.285.
