[Ord. No. 2033[1] §1, 10-10-2016]
A.
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.
B.
Debris includes, but is not limited to, 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 that: it is described in detail in the notice that is required
below and the definition is not challenged by requesting a formal
hearing as provided below.
[1]
Editor's Note: This ordinance also repealed former Ch.
210, Debris, Weed and Vegetation Nuisances, adopted 12-27-2004 by
Ord. No. 1467.
[Ord. No. 2033 §1, 10-10-2016]
A.
Enforcement of this Chapter shall be the responsibility of the Building
Inspector or his or her designee.
B.
Notice shall be provided to the owner of the property and, if the
property is not owner-occupied, to any occupant of the property. The
notice shall specifically describe each condition of the lot or land
declared to be a public nuisance, and it shall identify what action
is required to remedy the public nuisance. Unless a condition presents
an immediate, specifically identified risk to the public health or
safety, the notice shall provide a reasonable time, not less than
ten (10) days, in which to abate or commence removal of each condition
identified in the notice. Such written notice may be given by personal
service or by first class mail to both the occupant of the property
at the property address and the owner at the last known address of
the owner, if not the same.
[Ord. No. 2033 §1, 10-10-2016]
Any owner who wishes to challenge the order of abatement may
do so, provided that, within the ten-day notice period described above,
he, she or it must request 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 time period, the order becomes
final, and it is not subject to challenge elsewhere. If such request
is made, the hearing shall be conducted by the Building Inspector.
The request for hearing must be in writing, but otherwise no particular
formality is required. Notice to the property owner of his right to
request such a hearing shall be given by including a copy of this
Chapter with any notice sent under authority of this Section. Once
a request for 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. 2033 §1, 10-10-2016]
Upon a failure of the owner to pursue the removal or abatement
of such nuisance without unnecessary delay, the Building Inspector
or designated officer may cause the condition which constitutes the
nuisance to be removed or abated. If the Building Inspector or designated
officer causes such condition to be removed or abated, the cost of
such removal or abatement and the proof of notice to the owner of
the property shall be certified to the City Clerk or 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, for the property, and the certified
cost 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 cost is not paid, the tax bill shall be considered
delinquent, and the collection of the 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 from the date the tax
bill is delinquent until paid.
[Ord. No. 2033 §1, 10-10-2016]
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 210.020, 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.
