[Ord. No. 648 §1, 1-18-2014]
As used in this Article, the following terms shall have the
meanings indicated:
NUISANCE
Is a continuing act or physical condition which is made,
permitted, allowed or continued by any person or legal entity, his
or her agents or servants or any person or legal entity who aides
therein which is detrimental to the safety, welfare or convenience
of the inhabitants of the City or a part thereof, or any act or condition
so designated by statute or ordinance.
OWNER
Is the person or entity whose name is listed on the last
deed recorded at the Office of the Recorder of Deeds, on the tax records
at the Office of the Assessor, or the person in care, custody or control
of said premises, either directly or indirectly, including but not
limited to agents, property managers, real estate companies/agents,
personal representatives and/or executors of estates for deceased
or incompetent persons, guardians, and persons holding powers of attorney
for any of the aforesaid.
PREMISES
Includes any parcel of property, residential or commercial,
and the building or structure, if any, which is situated on the property,
and any portion of the public way that abuts the parcel of property
where it is used in conjunction with the abutting property for the
commission of illegal activity.
[Ord. No. 648 §2, 1-18-2014]
A. A public nuisance exists when the premises are used for one or more
of the following incidents within the previous twelve (12) months:
1.
The illegal sale, manufacture, storing, possession, distribution
or use of narcotics or other controlled substances or precursors;
2.
The illegal sale, manufacture, storing, possession, distribution
or uses of drug paraphernalia or precursors;
3.
Illegal sale, storing, possession, use or distribution of firearm(s),
weapons or explosive devices.
B. A public nuisance exists when the premises are used for two or more
of the following incidents within the previous twelve (12) months:
3.
The illegal sale, distribution or consumption of alcoholic beverages;
4.
Violation of municipal, State or Federal business licensing
regulations;
5.
Commission of any offense which is punishable by imprisonment
of ninety (90) days or more;
6.
Maintaining or permitting a condition or engaging in an activity
which unreasonably annoys, injures, or endangers the safety, health,
morals, or repose of any inhabitants of the City of Greendale or a
part thereof.
7.
Making a false report of a violation of the law to any Police
Officer or other officer of the law in person, or from any police
alarm or call box, or over the telephone or radio, or by improper
use of Emergency 911, or by any other means of communication;
8.
Any other condition or activity that may constitute a felony,
misdemeanor or ordinance violation under Federal, State, or municipal
law which is detrimental to the safety, welfare or convenience of
the inhabitants of the City of Greendale or a part thereof.
[Ord. No. 648 §3, 1-18-2014]
Any owner, occupant, tenant or person who engages in, encourages,
permits or otherwise fails to immediately abate the nuisance may be
issued a summons for engaging in a nuisance or maintaining a nuisance.
Any owner of residential or commercial unit(s) who does not abate
the nuisance within thirty (30) days of receiving notice therefor
shall be issued a summons for failure to abate a nuisance. Each occurrence
of nuisance behavior regardless of proximity in time to any other
nuisance violation shall be deemed a separate and distinct offense
for which a summons may be issued.
[Ord. No. 648 §4, 1-18-2014]
A. Whenever an Enforcement Official reasonably believes that any premises constitutes a public nuisance as defined in Sections
215.160 and
215.170 herein he/she shall serve or cause to be served a notice or order in the manner prescribed hereafter reciting the facts constituting such nuisance or violation specifying in what respect the premises is a nuisance and requiring the owner of such premises to implement reasonable measures designed to prevent the recurrence of the nuisance activity. Those measures may include, but are not limited to, making security improvements to the premises, hiring of licensed and insured security personnel, appointment of a receiver, the initiation and execution of eviction proceedings against tenants who engage in the nuisance behavior, or the closing and boarding of the premises for a period not to exceed one (1) year.
B. Whenever such a notice or order is served, the owner may, within
seven (7) days after such service, request a hearing before the Enforcement
Official or his/her authorized representative, and a hearing shall
be given to such owner within ten (10) days, and the period for compliance
shall be extended until the completion of the hearing.
C. The rules of evidence prevailing in courts of record shall be controlling
in hearings held pursuant to this Section.
D. If such nuisance or violation is not abated or the property closed
by the owner within thirty (30) days after service of such notice
or order, or after an order so to do is entered following a hearing
held as prescribed herein, the Enforcement Official shall certify
the case to the City Attorney for further action.
E. The cost of executing such notice or order for the rectifications
or removal of a nuisance or violation shall be assessed to the owner
in the manner prescribed by law.
F. Any order entered by the Enforcement Officer shall include findings
of fact and conclusions of law, and the order shall inform the defendant
of his or her right to seek judicial review of the Enforcements Officer's
final determination, as provided in Sections 536.100 to 536.140, RSMo.
G. The record of all hearings before an Enforcement Officer shall include:
1.
A record of the testimony presented at the hearing, which may
be made by tape recording, digital recording or other appropriate
means;
2.
All exhibits submitted as evidence at the hearing; and
H. Service Of Notices And Orders. Unless an emergency
exists, every notice or order issued by the Enforcement Official pursuant
to this Chapter, relative to a premises, shall be served at least
thirty (30) days before the time for compliance therewith. It shall
be sufficient service to such a notice or order if it is posted in
a conspicuous place upon the premises affected and a copy thereof
mailed, on the same day it is posted, to the person to whom it is
directed at the address filed by him/her in the City Clerk's
office, and if his/her address is not so filed in the City Clerk's
office, such notice shall be sent by mail to his/her last known address
or place of residence.
[Ord. No. 648 §5, 1-18-2014]
Failure to comply with an order to abate a public safety nuisance
under this Article shall be a violation of this Article, and any person
who fails to comply with such an order shall be subject to a fine
of not less than one hundred dollars ($100.00) nor more than one thousand
dollars ($1,000.00) for each day the court finds such person to be
in non-compliance. In addition to the fine, the court may sentence
such person to not more than ninety (90) days' imprisonment.
[Ord. No. 648 §6, 1-18-2014]
If the Enforcement Officer determines that a nuisance exists
and orders that the abatement of the nuisance requires closure of
the subject premises, the following shall apply:
1. If the building is at any time occupied during the order of closure
the building shall be deemed a nuisance in accordance with the City
of Greendale Code and condemned in accordance with the laws of the
City of Greendale that apply to condemned buildings. All of the remedies
in the City of Greendale allowed through those ordinances shall apply
to the violation of a nuisance abatement order.
2. Prior to occupancy of the premises, whether commercial or residential,
the property shall be inspected by the appropriate City, State and
Federal inspectors. The subject premises must be in compliance with
all applicable City, State and Federal, health, safety property maintenance
and building codes. No occupancy shall occur unless all code violations
are abated.
3. Any property, commercial or residential, which had previously been
exempt from or grandfathered in and not subject to compliance with
current health, zoning, property maintenance and building codes will
be deemed to have forfeited that status and must be in total compliance
with all applicable City, State and Federal, health, safety property
maintenance and building codes. The property shall be subject to a
full occupancy inspection. No occupancy shall occur unless all code
violations are abated.
4. Any licenses, variances, permits or certificates, whether business,
occupancy or building code, which pertain to the subject premises
and were in effect at the time of an order of closure of the premises
are deemed revoked or abandoned.