[Ord. No. 120 §1, 10-21-1996]
For the purposes of this Article the following term shall be
deemed to have the meaning indicated below:
FENCE
A structure, partition or wall erected for the purpose of
enclosing or separating land or for the purpose of providing shade
or privacy screening. Shrubs, hedges, trees, and other plant material
shall not be considered a fence.
[Ord. No. 120 §2, 10-21-1996]
No person shall erect or maintain any fence in any roadway right-of-way
which affects the public health, safety and/or welfare by the obstruction
of vehicular or pedestrian traffic or their sight-lines. Any such
fence so located is hereby declared to be a nuisance. For the purpose
of this Article, the roadway right-of-way shall be presumed to extend
a distance of ten (10) feet from any lot line adjacent to any street
or highway in the City of Green Park and on which vehicular travel
occurs.
[Ord. No. 120 §3, 10-21-1996]
A. Upon
proper notice and an opportunity to be heard, the owner and/or occupant
of any private property whereon the nuisance is situated shall be
jointly and individually liable for its removal and disposition. In
such event the owner and occupant of any private property whereon
the nuisance is situated shall be jointly and individually liable
for expenses incurred.
B. The
City shall cause written notice to be served upon the owner and/or
occupant of any private property whereon the nuisance is situated.
The notice shall state:
1. That the fence is deemed to be a nuisance pursuant to this Article,
2. That the nuisance shall be abated within ten (10) days from the date
of such notice,
3. That the owner and/or occupant has a right to a hearing with representation
by counsel contesting the existence of such nuisance, and
4. That upon failure to either abate the nuisance or to timely request
a hearing, the City shall undertake the removal and/or disposition
of the nuisance and all costs relating thereto shall be levied against
the owner and/or occupant.
C. Notice
shall be effected by:
1. Attaching a copy of same to the nuisance,
2. Posting a copy of same at the private property on which the nuisance
is situated, and
3. Mailing, by certified mail or certificate of mailing, a copy of the
notice to the owner and/or occupant at their last known address(es).
D. If
the owner/occupant fails to either abate the nuisance or request a
hearing within the ten (10) day compliance period, the City shall
have the authority to enter upon the property where the nuisance is
located and remove it from the premises. A timely request for a hearing,
however, shall stay the compliance period until such time as a final
determination has been made pending the review process provided herein,
plus any additional time which may be allotted by the City to abate
the nuisance after such determination.
[Ord. No. 120 §4, 10-21-1996]
A. Any
request for a hearing by the owner and/or occupant must be in writing
and filed with the City Clerk. The hearing shall be held within five
(5) business days of the request before a hearing officer designated
by the City. Formal rules of evidence shall not apply; however, the
parties shall have the right to counsel and to present evidence, confront
and cross-examine witnesses, and receive a written decision based
upon the facts adduced at the hearing.
B. If
the hearing officer determines that the fence is a nuisance as provided
herein, the owner and/or occupant shall abate said nuisance by removing
the fence from the roadway right-of-way within ten (10) days. Any
person aggrieved by the determination of the hearing officer may seek
judicial review, within five (5) business days of the date of the
determination, by:
1. Filing a written notice of appeal with the hearing officer, and
2. Filing a petition for review pursuant to Chapter 356, RSMo., in the
Circuit Court of St. Louis County.
[Ord. No. 120 §5, 10-21-1996]
If after an owner and/or occupant fails either to abate the
nuisance or to pursue appropriate administrative or judicial review
within the time allowed as provided herein, the City may immediately
thereafter enter upon the property to remove and dispose of such nuisance.
Any costs incurred by the City in so doing may be taxed against the
owner or owners and the property as a special tax bill and a lien
placed upon the property. It shall be unlawful for any person to interfere
with, hinder or refuse to allow the City to enter upon private property
for the purpose of removing the nuisance as provided herein.
[Ord. No. 120 §6, 10-21-1996]
In addition to the remedial provisions set forth in this Article and in order to protect, promote and preserve the public health and safety, no person shall cause, permit or maintain the existence of a nuisance fence, or shall fail or refuse to abate or remove a nuisance fence within the time required by this Article. Each day that a nuisance fence shall be maintained constitutes a separate offense. Any person found guilty of violating this Article shall be punished as provided in Sections
100.140 —
100.150 of this Code. As a condition to any probation granted the Municipal Judge may order such person to reimburse the City for its costs incurred in removing and disposing of the offensive property.