[Ord. No. 2822 §1, 4-3-2012]
As used in this Article, the following terms shall have these
prescribed meanings:
LOCATION
Includes any room, building, dwelling unit, lot, plot or
parcel of land, premises, room, ship, trailer, boat, sleeping car,
airplane or any other structure or inhabitable structure.
PROSTITUTION
Includes all activities defined in Section 567.020 of the
Missouri Revised Statutes.
REPEATED VIOLENT CRIME
Includes any criminal activity having occurred on at least
two (2) separate dates and which such activity includes as one (1)
of its elements the use, attempted use or threatened use of physical
force substantial enough to cause, or be reasonably likely to cause,
serious bodily injury to any person who does not regularly reside
at the location.
USED FOR CONTROLLED SUBSTANCES
Includes using, possessing, storing, or selling of, or permitting
the same, controlled substances as defined herein on the subject location.
[Ord. No. 2822 §1, 4-3-2012]
Any location which is used for controlled substances, for prostitution
or on which repeated violent crime has occurred, as those terms are
defined herein, is declared a public nuisance.
[Ord. No. 2822 §1, 4-3-2012]
A. No
person shall keep or maintain a public nuisance as defined in this
Article.
B. Whenever
the City believes that a public nuisance is being maintained in a
location in violation of this Article, the City shall cause notice
to be sent stating:
1. That the City believes a nuisance is being maintains at the location
in violation of this Article;
2. Describe the use of the location or activity(ies) on the location
believed to be a nuisance; and
3. State that if the location continues to be used in such a manner,
a hearing will be held to determine if the condition constitutes a
nuisance, and if so declared, the Mayor or designee will determine
an appropriate penalty including a fine, an abatement order, and/or
an order that the location may not be occupied for a period not to
exceed one (1) year.
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Such notice shall be sent certified mail, return receipt requested,
to all owners and occupants, lessees, mortgagees, and all other persons
having an interest in the location as shown by the Recorder of Deeds
for the County. If any such interested persons' address is unknown
and cannot be located, notice may be given by publication.
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C. After a reasonable time from the date all persons receive the notice required in Subsection
(B), if the City believes that the location continues to be used in violation of this Article, the City shall cause a second (2nd) notice to be served on all persons having an interest in the location, as identified in Subsection
(B), stating that the City believes a nuisance continues to be maintained in violation of this Article and that the City will hold a hearing to determine whether a nuisance is being maintained at the location in violation of this Article and, if so declared, order an appropriate penalty. Such notice must be received by all persons with an interest in the location at least ten (10) days before the hearing.
D. At the hearing, any interested party, as identified in Subsections
(C) and
(D), may be represented by counsel, and all such parties shall have an opportunity to be heard and present evidence as shall be relevant to a determination of:
1. Whether or not the location involved is a public nuisance under the
terms of this Article;
2. Whether the procedures required by this Article shall have been substantially
followed; and
3. Whether the owner of the location knew the location was being used
in violation of this Article.
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The testimony shall be under oath, which may be administered
by the Mayor or designee, and a written record of the hearing shall
be by a reporter to be employed by the City, the cost of which shall
be paid by the City should the proceeding be eventually held against
the City, and by the owner or occupant if it should not. In lieu of
a written record of the hearing, the Mayor or designee may order that
all testimony be recorded on a cassette tape recorder, and the tape
thereof preserved and, if needed, subsequently transcribed, which
record then shall be admissible and used for all purposes the same
as a transcript reported by a reporter.
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E. After
hearing all evidence, if the Mayor or designee finds a nuisance is
being maintained in violation of this Article, he/she may order that
the nuisance be abated. Further, if the Mayor or his/her designee
finds that the owner(s) of the location knew that the location was
being used in violation of this Article, the Mayor or designee may
also order that the location shall not be occupied or used for such
a period not to exceed one (1) year. All such orders shall be reduced
to writing, state the evidence supporting such order, and shall be
delivered to the property owner(s), occupant(s), and any other interested
party by certified mail, return receipt requested or personal delivery,
and if such order provides that the location shall be closed for a
certain period, then such order shall also be posted at the location.
F. It
shall be unlawful for any person to:
1. Fail to obey an order to abate a nuisance issued pursuant to this
Article.
2. Occupy or use or permit any other person to occupy or use any location
ordered closed pursuant to this Article.
3. Damage or remove any notice or order posted at the location pursuant
to this Article.
G. The
closure of any location pursuant to this Article shall not constitute
an act of possession, ownership or control by the City of the closed
location.
H. Nothing
contained in this Article shall relieve the owner or occupant of any
location from complying with the building, fire, property maintenance,
and zoning codes or any other ordinance that regulates the condition
or use of the location.
[Ord. No. 2822 §1, 4-3-2012]
A. In
addition to the available remedies, the City Prosecutor may also,
by information, charge the owner(s) or the occupant(s), or both the
owner(s) and the occupant(s) of the location with violation of State
law and upon conviction seek forfeiture of the structure in accordance
with the "Criminal Forfeiture Act", Sections 513.600 to 513.645, RSMo.
B. Nothing in this Article shall limit the City's ability to seek penalties for ordinance violations as outlined in Code Section
100.170.
C. Any
person having an interest in the location may appeal the decision
of the Mayor or designee pursuant to the procedures of Chapter 536,
RSMo., as amended.