[Ord. No. 2003-01, 1-14-2003]
A. It is hereby declared to be a public nuisance for any lot or land
to have on it debris of any kind. The term "debris" may include, but is not limited to:
2. Cut and fallen trees and shrubs.
3. Overgrown vegetation and noxious weeds which are eight (8) inches
or more in height.
[Ord. No. 2019-45, 9-10-2019]
5. Lumber not piled or stacked twelve (12) inches off the ground.
6. Rocks or bricks not piled or stacked twelve (12) inches off the ground.
7. Tin not piled or stacked twelve (12) inches off the ground.
8. Steel not piled or stacked twelve (12) inches off the ground.
9. Parts of derelict cars or trucks.
11. Any flammable material which may endanger public safety.
12. Any material which is unhealthy or unsafe.
B. If the designated officer of the City believes that a nuisance as
herein set out exists on any property within the City, such officer
shall send to the owner, occupant or person in control of such property
an abatement notice which shall contain the following:
1. A description of the location and nature of the alleged nuisance;
2. A statement of the acts necessary to abate the alleged nuisance;
3. An order establishing the time for beginning and completing abatement
of the alleged nuisance but not longer than ten (10) days from date
of notice and requiring that abatement activities continue without
unreasonable delay;
[Ord. No. 2019-45, 9-10-2019]
4. Information on the right and manner of requesting a hearing to contest
the enforcement official's abatement notice; and
5. A statement that if the nuisance is not abated as ordered, and if
no request for hearing is made within the prescribed time, the City
may abate the alleged nuisance and assess the cost against the property
owner and the property.
C. Service Of Abatement Notice.
1. The enforcement official shall serve the abasement notice on the
property owner by first class mail or by personal service in the same
manner as legal process is served under any Missouri Statute or court
rule. Mailed notice shall be presumed received three (3) days after
it is mailed.
2. If the enforcement official is unable to obtain service by either
of the above methods, service may be obtained by publishing the abatement
notice once in a newspaper of general circulation in the City and
by posting the abatement notice on the property where the alleged
nuisance exists. Notice shall be considered given on the date the
notice is published or the notice is posted, whichever is later.
D. Request For Hearing. The owner of property on which
the nuisance is alleged to exist may contest the abatement notice
by requesting a hearing within seven (7) days of service of the abatement
notice. The request for hearing must be either hand delivered to the
City or sent to the City by United States mail, facsimile machine
or electronic mail. The request for hearing must state an address
to which notice of hearing may be sent.
E. Notice Of Hearing. At least ten (10) days'
written notice of the hearing shall be given to the property owner
except in cases where the public health, safety or interest shall
make a shorter time reasonable. Notice shall be hand delivered to
the property owner or mailed to the address provided by the property
owner in the request for hearing. Notice shall be presumed received
three (3) days after it is mailed.
F. Hearing And Decision. The hearing officer shall
conduct the hearing and enter a decision in accordance with the requirements
of Chapter 536, RSMo. If the hearing officer determines that a nuisance
exists as charged in the abatement notice, the officer may enter an
order of abatement directing that the nuisance be abated under such
conditions and within such time as the hearing officer deems appropriate
under the circumstances.
G. Appeal. An appeal from the decision of the hearing
officer may be made to the Circuit Court of Lafayette County in accordance
with Chapter 536, RSMo.
H. In the event the person so notified fails to abate such nuisance
as directed in the notice or by a hearing officer and the City is
required to remove and abate such nuisance, then the cost of such
removal shall be certified to the City Clerk who shall cause the certified
cost to be included in a special tax bill or added to the annual estate
tax bill, at the collecting official's options, for the property
and the certified costs shall be collected by the City Collector or
other official collecting taxes in the same manner and procedure for
collecting real estate taxes. If the certified costs are not paid,
the tax bill shall be considered delinquent, and the collection of
delinquent bill shall be governed by the laws governing delinquent
and back taxes. The tax bill from the date of its issuance shall be
deemed a personal debt against the owner and shall also be a lien
on the property until paid.
I. Any person causing or maintaining a nuisance who shall fail or refuse
to abate or remove the same within the required time shall be deemed
guilty of a misdemeanor and upon conviction punished by a fine of
not more than five hundred dollars ($500.00). Each day that a violation
of this Section shall continue shall constitute a separate offense.