[Ord. No. 779 §1, 6-10-1996]
For the purpose of this Article, a "nuisance" shall consist of any activity which, when occurring in relation
to the use of occupancy of residential or commercial property, hurts,
annoys, inconveniences or causes damage to the inhabitants of the
City or a substantial part thereof with respect to welfare, health,
convenience or safety or with respect to the free use and comfortable
enjoyment of property.
[Ord. No. 779 §2, 6-10-1996]
A. The
Pine Lawn Police shall notify the Building Commissioner that there
has been an arrest or a summons issued for violations of City ordinance
or State Statute relating to any of the following activities:
1. Peace disturbance as prohibited by the Pine Lawn City Code.
2. Lewd and lascivious behavior as prohibited by the Pine Lawn City
Code.
3. Maintaining a house of prostitution as prohibited by the Pine Lawn
City Code.
4. Noise as prohibited by the Pine Lawn City Code.
5. The use of firearms as prohibited by the Pine Lawn City Code.
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The Building Commissioner shall then notify the owner of the
property through the issuance of a warning notice of the violations.
Said notice shall advise the owner that if an additional violation,
as listed in the ordinance, occurs within sixty (60) days from the
date of said warning notice, the Building Commissioner shall issue
to the owner a final notice to abate. If an additional violation,
as listed in the ordinance, occurs subsequent to the Final
Notice To Abate, the Building Commissioner shall issue an
order to the owner declaring that there is reasonable cause to believe
that a public nuisance exists at the property in question.
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B. Upon
the declaration by the Building Commissioner that he/she has reasonable
cause to believe that a nuisance exists at a specific property under
the provisions of this Chapter, the Building Commissioner shall give
notice of a hearing for the purpose of determining whether the nuisance
has been abated and, if not, then to determine appropriate remedies
for abatement and enforcement.
C. Within
ten (10) working days of the mailing of the notice and the posting
of the notice of hearing, the Building Commissioner shall commence
a hearing for the purpose of determining whether a public nuisance
continues to exist under the provisions of this Chapter. All interested
parties, including owners, lessees, mortgagors, tenants and neighbors
and Police Officers, may attend the hearing and present testimony.
The notice of hearing shall include the purpose of the hearing, the
date and time of the hearing and the location of the hearing. The
hearing officer shall take testimony under oath pertaining to all
relevant matters. The hearing may be continued, if necessary, to conclude
the investigation or for good cause shown.
D. At
the conclusion of the hearing the hearing officer shall issue an order
finding that the activity occurring at the subject property is not
a public nuisance and no further action is required; or that the activity
occurring at the subject property does constitute a public nuisance,
in which case the hearing officer shall order appropriate means to
abate the activity. If deemed appropriate and necessary to abate the
nuisance activity, the hearing officer may prohibit the occupancy
of the property to the extent necessary to abate the nuisance but
for a time period of not less than thirty (30) days nor more than
one (1) year. A copy of said order shall be published in a newspaper
of general circulation in the City of Pine Lawn and sent by certified
mail to the owner of the involved property, the occupant(s) of the
involved property if different from the owner and the designated representative
of the petitioner. Any person adversely affected by said order shall
have a right of judicial review as provided by Section 536.100, RSMo.,
1994, as amended.
E. In
the event the hearing officer prohibits the occupancy of any property,
the owner of said property shall immediately secure the property from
use during the period of closure. In the event the owner fails to
secure the property as ordered, the Building Commissioner shall take
all appropriate steps to undertake and complete the work necessary
to secure the property. Any cost incurred by the City in securing
a property under this Chapter shall be assessed against the owner
of the property.
F. The
Building Commissioner may promulgate rules and regulations to carry
out and give full effect to the provisions of this Section.
[Ord. No. 779 §3, 6-10-1996]
A. As a complete alternative to the procedure set forth in Section
220.240 of this Article and notwithstanding any and all other methods provided by law, the Building Commissioner shall have the authority to abate any activity which is deemed to be a nuisance as determined by the procedure set forth in Subsections
(B) through
(G) herein.
B. The
Building Commissioner, upon receipt of a petition signed by a majority
of the persons owning real property or a majority of the registered
voters occupying property within a prescribed petition circle drawn
with a radius of three hundred (300) feet plus one half (½)
of the width of the property alleged to be a public nuisance from
the center of the front of said property projected to the street alleging
that the activity permitted by the occupants and/or owners of said
property, as factually set out in said petition, is of an ongoing
and continuous nature and constitutes a substantial detriment to the
health, welfare, safety and convenience of the subscribers to the
petition, shall hold a public hearing based on said petition.
C. The
format for the petition shall be approved by the Building Commissioner
and shall specifically state the type and nature of the activity which
is alleged to be of an ongoing and continuous nature and constituting
a substantial detriment to the health, welfare, safety and convenience
to the petition's subscribers.
D. The
Building Commissioner shall set a reasonable time for the hearing
on said petition. Not later than ten (10) working days prior to said
hearing, the Building Commissioner shall cause to be served a notice
of said hearing and a copy of the petition on the legal owner or owners
of said property as determined by the records of ownership maintained
by the office of the Recorder of Deeds, the occupants of said premise,
if they are different from the legal owner and the person or persons
designated to receive said notice on behalf of the petitions. Service
of said notice by certified mail shall be deemed sufficient for the
purposes of this Section.
E. The City Clerk is hereby designated to review the petition filed in each proceeding and to verify the signatures appearing thereon with the property owners or the registered voters whose names appear on the Board of Election Commissioner's records as the case may be and whether such persons constitute a majority of property owners or registered voters in said petition circle. A report thereof shall be made to the Building Commissioner prior to the setting of a hearing date on said petition. A hearing date shall not be set unless the signatures of a majority of the property owners or a majority of the registered voters in the petition circle are verified. Failure of a petition to contain sufficient signatures under the requirements of Subsection
(B) herein shall not prohibit the refiling of a new petition regarding the same premises.
F. The
hearing shall be conducted at the time and place set forth in the
notice. The Building Commissioner or his/her designee shall commence
a hearing for the purpose of determining whether a public nuisance
exists under the provisions of this Chapter. All interested parties,
including owners, lessees, mortgagors, tenants and neighbors and Police
Officers, may attend the hearing and present testimony. The notice
of the hearing shall include the purpose of the hearing, the date
and time of the hearing and the location of the hearing. The hearing
officer shall take testimony under oath pertaining to all relevant
matters. The hearing may be continued, if necessary, to conclude the
investigation or for good cause shown.
G. At
the conclusion of the hearing the hearing officer shall issue an order
finding that the activity occurring at the subject property is not
a public nuisance and no further action is required; or that the activity
occurring at the subject property does constitute a public nuisance,
in which case the hearing officer shall order appropriate means to
abate the activity. If deemed appropriate and necessary to abate the
nuisance activity, the hearing officer may prohibit the occupancy
of the property to the extent necessary to abate the nuisance but
for a time period of not less than thirty (30) days nor more than
one (1) year. A copy of said order shall be published in a newspaper
of general circulation in the City and sent by certified mail to the
owner of the involved property the occupant(s) of the involved property
if different from the owner and the designated representative of the
petitioners. Any person adversely affected by said order shall have
a right of judicial review as provided by Section 536.100, RSMo.,
1994, as amended.
[Ord. No. 779 §4, 6-10-1996]
A. In
determining whether the operation of a property is detrimental to
the neighborhood in which the property is located and therefore constitutes
a public nuisance, the hearing officer shall consider the following
factors, giving such weight thereto as he/she deems appropriate:
1. The physical characteristics of the neighborhood in which the alleged
nuisance property is located with particular consideration being given
to the proximity of the property to parks, churches, schools and playgrounds;
2. Loitering in the immediate vicinity of the alleged nuisance property
by persons frequenting the property;
3. Littering committed by owner, occupant or persons frequenting the
alleged nuisance property;
4. Drinking of alcoholic beverages in public by the owner, occupant
or persons frequenting the alleged nuisance property;
5. Lewd and indecent conduct including, but not limited to, public urination,
exhibited by the owner, occupant or persons frequenting the alleged
nuisance property, whether such behavior occurs on the property or
in the immediate vicinity thereof;
6. Commission of crimes upon or in the immediate vicinity of a premise
by the owner, occupant or persons frequenting the alleged nuisance
property;
7. Sale or use of illegal drugs upon or in the immediate vicinity of
the alleged nuisance property by the owner, occupant or persons frequenting
the property;
8. Harassing or intimidating behavior exhibited by the owner, occupant
or persons frequenting or congregating about the alleged nuisance
property toward persons living in the neighborhood in which the property
is located or toward persons passing by the property;
9. Noise associated with or caused by the owner, occupant or persons
frequenting the alleged nuisance property;
10. Street or sidewalk congestion associated with or caused by the owner,
occupant or persons frequenting the alleged nuisance property;
11. Any other activity deemed relevant by the Building Commissioner or
his/her designee to the determination of whether said activity is
detrimental to the neighborhood in which the alleged nuisance property
is located.
[Ord. No. 779 §5, 6-10-1996]
The lack of knowledge of, acquiescence or participation in or
responsibility for any alleged detrimental activity on the part of
the owner or occupant of the property shall not be a defense for such
owner or occupant in determining whether said activity is in fact
detrimental to the neighborhood in which the property is located.
For purposes of this Section, a person shall be considered to frequent
a property if he/she lives or work at or visits the property or if
he/she loiters about the immediate vicinity of the property but would
not do so except for the existence of the property.
[Ord. No. 779 §6, 6-10-1996]
Any person employed or contracted with for the abatement of
a nuisance as ordered under the provisions of this Article and any
agent or employee of such person shall have the right of entry for
that purpose into and upon any property.
[Ord. No. 779 §7, 6-10-1996]
It shall be the duty of the Police Department of the City of
Pine Lawn to assist the Building Commissioner and his/her officers
and employees or the Director of Public Safety and his/her officers
and employees in the discharge of their duties, as may be required
under this Article, whenever called upon to do so.
[Ord. No. 779 §8, 6-10-1996]
A. It
shall be a violation of this Article for the owner, his/her agent
or the occupant of any residential or commercial property to fail
to obey an order to abate a nuisance under the provisions of this
Article.
B. It shall be a violation of this Article to interfere with any entry permitted under Section
220.280 herein or any entry by any Police Officer, any officer or agent or employee of the City of Pine Lawn for the purpose of abatement of any nuisance as ordered under the provisions of this Article.
C. It
shall be a violation of this Article for any person to use or occupy
or to permit any other person to use or occupy any property ordered
closed pursuant to this Article.
D. It
shall be a violation of this Article for any person to mutilate or
remove any order posted under the provisions of this Article.
[Ord. No. 779 §9, 6-10-1996]
Nothing in this Article shall be interpreted to supersede or
limit in any manner the authority of the Building Commissioner to
condemn property under the authority of any provision of the Pine
Lawn City Code.
[Ord. No. 779 §10, 6-10-1996]
In addition all notices required under this Article shall be
sent to the owner of the property, the occupants of the property,
the mortgagor if shown on the Recorder of Deeds records and posted
on the subject property in a conspicuous place.
[Ord. No. 779 §11, 6-10-1996]
Closure of any property pursuant to this Article shall not constitute
an act of possession, ownership or control by the City of Pine Lawn
of the closed property.
[Ord. No. 779 §12, 6-10-1996]
Nothing contained in this Article shall relieve the owner of
any property from complying with all other ordinances that relate
to property, fire or health codes or any other ordinances that regulate
the condition or use of the property.
[Ord. No. 2008-46 §§1
— 3, 3-10-2008]
A. It
shall be unlawful for a real property owner to allow graffiti to remain
posted on any part of their real property for more than seventy-two
(72) hours. The real property owner assumes full and complete responsibility
for the removal of all graffiti. Should the property owner or person
responsible for the property fail to remove graffiti as required by
this Section, he/she shall be subject to a fine up to two hundred
fifty dollars ($250.00) per day for every day the graffiti remains
on the property after the seventy-two (72) hour period.
B. The
City reserves the right to have the graffiti removed from any real
property, where the real property owner or person in charge of the
property fails to comply with this Section. The City shall be authorized
to charge back reasonable costs to the real property owner and/or
the person in charge of the real property. Any cost incurred by the
City shall be charged in the form of a lien against the real property,
if the owner fails to pay the cost within thirty (30) days of the
City's demand.
C. Unlawful To Place Graffiti. It shall be unlawful for any
person to place graffiti on real property within the City. Violators
shall be subject to a fine up to one thousand dollars ($1,000.00)
and or imprisonment of ninety (90) days, or both fine and imprisonment.
Additionally, any person found guilty of placing graffiti on any real
property shall be subject to reimbursing the City for its cost in
removal of the graffiti.