[Ord. No. 756-97 §2, 11-4-1997; Ord.
No. 1524-2023, 4-3-2023]
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 off the ground, rocks or bricks,
tin, steel, parts of derelict cars or trucks, 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: (1) that it is described in detail in the notice that is required in Section 215.060 below; and (2) that the definition is not challenged by requesting a formal hearing as provided in Section 215.060 below. The provisions of this Section shall not apply to that portion of any undeveloped land which is located more than twenty-five (25) feet of the centerline of any adjacent street or alley, or which portion is located more than twenty-five (25) feet of the property line of residentially zoned property, or cultivated property, regardless of its zoning. The property owner or tenant must file a letter with the City notifying of the cultivated status of the property.
[Ord. No. 756-97 §3, 11-4-1997; Ord.
No. 1524-2023, 4-3-2023]
A.
Enforcement
of this Article shall be the responsibility of the Community Development
Director. 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 or by certified
mail with ordinary mail.
1.
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 ten (10) days,
abate the nuisance.
2.
Any owner who wishes to challenge the order of abatement may do so,
provided that within the ten (10) 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 Board of Aldermen.
The request for a hearing must be in writing, but otherwise
no particular formality is required. Notice to the property owner
of his/her/its right to request such hearing shall be given by including
a copy of this Article 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.
3.
If overgrown vegetation and/or noxious weeds are allowed to grow on the same property in violation of a provision in Article II of this Chapter more than once during the same growing season, and the City has provided at least one (1) notice of violation in accordance with Subsection (A) of this Section, the City may, without further notification, have the overgrown vegetation or noxious weeds cut or abated, and the cost of the same shall be billed and collected as provided in Section 215.070.
[Ord. No. 756-97 §4, 11-4-1997; Ord.
No. 1524-2023, 4-3-2023]
If the nuisance is present on the property ten (10) days, the
enforcement officer shall cause the same to be abated. The costs of
abatement may include a fee for the City's costs in administering
this Article, which fee shall not exceed one hundred dollars ($100.00),
plus the cost of abatement. 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 a and 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. The special
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 from
the date the tax bill is delinquent until paid. The tax bill shall
be prima facie evidence of the recitals therein and of its validity
and no mere clerical error or informality of the same, or in the proceedings
leading up to the issuance, shall be a defense thereto. The special
tax bill, if not paid when due, shall bear interest at the rate of
twelve percent (12%) per annum.
[Ord. No. 756-97 §§5 —
6, 11-4-1997]
A.
An owner who fails to remove a nuisance within ten (10) 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 ordinance violation of "failure to abate a nuisance."
[Ord. No. 1524-2023, 4-3-2023]
B.
Penalty. Any person violating the provisions of this Article
shall upon conviction be fined a sum not in excess of two hundred
fifty dollars ($250.00).
