City of Hallsville, MO
Boone County
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Table of Contents
Table of Contents
[Ord. No. 214 §1, 3-9-1998]
The Board of Aldermen of the City of Hallsville, Missouri, finds that unkempt, unsafe, unsanitary and otherwise improperly maintained premises and structures, sidewalks and easements within the City of Hallsville, in addition to the obvious hazards which these conditions pose to the public health, safety and welfare, adversely affect the value, utility and habitability of property within the City as a whole and specifically cause substantial damage to adjoining and nearby property. This Chapter conveys to the City administration, in accordance with the procedures set out below, all necessary and proper powers to abate nuisances and other improperly maintained structures and properties as they are described or found to exist, and to charge the costs of their abatement to those responsible, the owners and occupants of the property upon which nuisances exists, and those properties themselves.
[Ord. No. 214 §2, 3-9-1998]
A. 
General Provisions. For the purposes of this Chapter, certain terms used herein are defined as set forth in this and the following sections. All words in the present tense include the future tense; the plural number includes the singular, and all words in the singular include the plural, unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory, not directory.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED
Any property, real or personal, which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or which evidence indicates that no person is presently in possession, e.g., disconnected utilities, accumulated debris, uncleanness, disrepair, and in the case of chattels, location.
ABATEMENT
The removal, stoppage, prostration, or destruction of that which causes or constitutes a nuisance, whether by breaking or pulling it down, or otherwise destroying, or effacing it.
APIARY
A place where bee colonies are kept.
[Ord. No. 378, 3-9-2020]
APIS MALLIFERA
Western honeybee.
[Ord. No. 378, 3-9-2020]
INSPECTOR
Any representative of the City of Hallsville, either appointed or hired, so designated by the Board of Aldermen to perform the duties required by this Chapter.
1. 
Includes:
a. 
A nuisance defined by statute or ordinance;
b. 
A nuisance at common law, either public or private;
c. 
An attractive nuisance, whether in or on a building, a building premises or an unoccupied lot and whether realty, fixture or chattel, which might reasonably be expected to attract children and constitute a danger to them; including, but not limited to, abandoned wells, ice boxes or refrigerators with doors and latches, shafts, basements or other excavations, abandoned or inoperative vehicles or other equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris;
d. 
Uncleanness;
e. 
Overcrowding; or
f. 
Abandonment or vacancy.
2. 
A listing of conditions found to constitute public nuisances is found in Section 215.030 of this Chapter.
OWNER
Any person having any interest in the real estate in question as shown upon the records of the office of the County Assessor, or any person with legal, financial or equitable interest in the property who establishes his or her interest before the Board of Aldermen. For the purpose of giving notice, the term "owner" also includes any person in physical possession.
PROPERTY
Any real property, premises, structure or location on which a public nuisance is alleged to exist.
PUBLIC NUISANCE
As defined in Section 215.030 of this Chapter.
SUMMARY ABATEMENT
Abatement of the nuisance by the City, or a contractor employed by the City, by removal, repair, or other acts without notice to the owner, agent or occupant of the property except for the notice required by this Chapter.
[Ord. No. 214 §3, 3-9-1998; Ord. No. 214-A, 4-12-2010]
A. 
Public Nuisances Defined. Any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, dock, wharf or landing dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of its condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the City, in any one or more of the following particulars:
1. 
By reason of being a menace, threat and/or hazard to the general health and safety of the community.
2. 
By reason of being a fire hazard.
3. 
By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property.
4. 
By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.
B. 
Nuisances Enumerated.
1. 
The following acts, in addition to any others in violation of Subsection (A) of this Section, are determined by the Board of Aldermen as noisome, offensive, unwholesome, or dangerous to the public's health, welfare and/or safety and shall constitute a public nuisance:
a. 
Allowing stagnant pools of water to accumulate;
b. 
Accumulations or disposal of trash, lumber which is not piled or stacked more than twelve (12) inches off the ground, earth, ashes, mortar, papers, stone, brick, rock, tin, steel, dirt, manure, filth, excrement, chips or rubbish of any description, cesspools, drains, garbage or any other animal or vegetable substances, unless the accumulations or disposal of such items in such place is specifically authorized by law;
c. 
The keeping of any horse, cattle, sheep, swine, goats, mules or other livestock or fowl within the corporate limits (unless a permit has been issued by the Board of Aldermen);
d. 
The pollution of any river or stream;
e. 
Burning of refuse or other material in such a manner as to cause or permit the smoke, ashes, soot, or gases to be sensed by any person or neighborhood;
f. 
The distribution of samples of medicine or drugs to minors;
g. 
The keeping of doves or pigeons which deposit excrement on buildings and sidewalks;
h. 
Maintaining a privy or outdoor closet;
i. 
Garbage trucks that are not covered and leakproof;
j. 
Dead animals not disposed of within 24 hours;
k. 
Any building, house, room, or other structure or vehicle, maintained or used for the purposes of lewdness, assignation, or prostitution;
l. 
Any pit, basin, hole, or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose for which it was constructed, or is maintained contrary to law;
m. 
All obstructions to streets, rights-of-way, or other public ways in the City, and all excavations in or under the same, which are by ordinance prohibited, or which may be made without lawful permission, or which, having been made by lawful permission, are kept and maintained after the purpose thereof has been accomplished, or for an unreasonable length of time;
n. 
Erecting, maintaining, using, placing, depositing, leaving, or permitting to be or remain in or upon any street, alley, sidewalk, park, parkway, or other public or private place in the City, any one or more of, but not limited to, the following conditions or things:
(1) 
Any bone, meat, hides, skin, or the whole or parts of any dead animal or fish;
(2) 
Any chemicals or other materials commonly known to be noxious, offensive, dangerous or otherwise injurious, including, but not limited to, grease, oil, antifreeze, explosives, radioactive materials and poisons.
o. 
All premises and vehicles whereon or wherein intoxicating liquor is manufactured, sold, bartered, exchanged, given away, furnished, disposed of, consumed, or permitted to be consumed, in violation of the laws of the State and the ordinances of the City;
p. 
Leaving, or permitting to be or remain in or upon any sidewalk, steps, or other public walkway in the City, any one or more of, but not limited to, the following conditions or things:
(1) 
Mud, debris, garbage, or other items or substances upon the surface which might cause a pedestrian to lose footing.
(2) 
Overhanging trees, shrubs, or other obstruction to vehicular and pedestrian travel.
q. 
Electric fence or fence constructed wholly or partly of barbed wire except in areas within the City zoned agricultural.
(1) 
Exception: any property that is utilized for the purpose of the growth and harvesting of agricultural materials.
r. 
A swimming pool or any other pool of water that is more than twenty-four (24) inches deep that is not enclosed by a fence which does not meet or exceed the following standard: chain-link wire fence or a vertical board fence at least forty-eight (48) inches [four (4) feet] in height with a gate of the same height that if left unlocked when pool is not in use and attended will constitute a public nuisance. Barbed wire, electric, sheet metal, plastic construction fencing and in fences are prohibited;
s. 
Non-licensed vehicles, including, but not limited to, recreational vehicles, boats, trailer, and construction equipment, which are not stored in an accessory building, carport or garage so that they may not be seen;
t. 
Any outdoor storage of items including, but not limited to, non-working automobiles, parts of derelict cars or trucks, household appliances and broken furniture that is not enclosed by a fence at least forty-eight (48) inches in height with a lockable gate. Said gate which is left unlocked when yard is not occupied will constitute a public nuisance.
u. 
The keeping, maintaining or permitting an apiary or hive of any common honeybee, apis mallifera, or other bees kept for the production of honey or wax is hereby declared to be a common nuisance within the limits of the City.
[Ord. No. 378, 3-9-2020]
(1) 
It shall be unlawful for any person or combination of persons to keep, maintain, or permit one (1) or more hives of any common honeybee, apis mallifera, or other bees for the production of honey or wax, or to maintain an apiary.
2. 
It shall be unlawful for any person to maintain a public nuisance or allow a public nuisance, as the term "public nuisance" is defined in Subsection (B) hereof, on any premises, including buildings or structures located thereon, owned, controlled or leased by such person within the City limits of the City of Hallsville, Missouri.
3. 
Violation of Subsection (B)(1) above shall be a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), and/or a term of imprisonment in the Boone County Jail for a period of from one (1) day to one hundred eighty (180) days.
C. 
Authority To Abate Emergency Cases. In cases where it reasonably appears that there is an immediate danger to the health, safety or welfare of the public due to the existence of a nuisance, the City shall have authority to immediately abate the nuisance in an appropriate manner.
D. 
Abatement — Procedure Generally. Whenever the Board of Aldermen receives notification that a nuisance may exist, it shall proceed as follows, except as may be otherwise provided herein:
1. 
It Shall Investigate The Same. The Board of Aldermen may order any person who has caused or is maintaining the nuisance to appear before the Board of Aldermen at such time and place as the Board of Aldermen may direct to show cause, if any, why that person should not abate the nuisance. Every person required to appear before the Board of Aldermen shall have at least ten (10) days' notice thereof.
2. 
Such notice shall be signed by the Health Officer or Chief of Police and shall be served upon that person by delivering a copy thereof to the person, or by leaving a copy at his/her residence with some member of the family or household over fifteen (15) years of age, or upon any corporation by delivering the copy thereof to the President or to any other officer at any business office of the corporation within the City. If the notice cannot be given for the reason that the person named in the notice or his/her agent cannot be found in the City, of which fact the return upon such notice of the officer serving the same shall be conclusive evidence, such notice shall be published in a daily newspaper for three (3) consecutive days, if a daily, or once, if a weekly paper, giving at least ten (10) days' notice from the final publication date of the time fixed for the parties to appear before the Board of Aldermen.
3. 
If after hearing all the evidence the Board of Aldermen may determine that a nuisance exists, it may direct the Health Officer or Chief of Police or other City Official to order the person to abate the nuisance within twenty (20) days or within such other time as the Board of Aldermen may deem reasonable. Such order shall be served in the manner provided in this Section for service of the order to show cause. The order may further provide that the appropriate City Official be directed to abate the nuisance if the order is not obeyed within the time period set by the Board of Aldermen, and that a special tax bill be issued for the costs of abating the nuisance.
4. 
If the order has not been obeyed within the time period set by the Board of Aldermen, the appropriate City Official shall proceed to abate the nuisance in the manner provided by the order of the Board of Aldermen, and the cost of same, if ordered by the Board of Aldermen, may be assessed as a special tax against the property so improved or upon which such work was done; and, if so ordered, the City Clerk shall cause a special tax bill therefor against the owner thereof when known, and if not known then against the unknown persons, and the certified bills of such assessment shall describe therein the property upon which the work was done.
5. 
The bills for the above work shall be recorded and shall be collected and paid as provided for the collection of other special tax bills for the repairing of sidewalks or grading or paving of streets and shall be a lien on the property.
6. 
The cost of abating nuisances on private property shall be levied and assessed on each lot in proportion to the amount of work done and material used in abating the nuisance located on each such lot.
E. 
Abatement Of Nuisances In Other Cases.
1. 
Procedure. Upon the discovery of a public nuisance that does not pose an immediate danger to the public health, welfare or safety, the inspecting officer shall submit a written report of the property on which the nuisance exists to the Inspector. Photographs and findings shall be included in said report. If the Inspector declares the existence of a public nuisance, but the nature thereof is not such as to require the summary abatement of such nuisance, then the Inspector may order the abatement of the nuisance by notice in compliance with Section 215.040 of this Chapter.
2. 
Abatement By Owner. Within thirty (30) days after the posting and mailing of a notice to abate a nuisance, the owner, or individual in possession of the affected property shall remove and abate such nuisance or show that actions for abating the nuisance have commenced. Such showing shall be made by filing a written statement or other proof of such actions with the Inspector.
F. 
Abatement By City. If, after a hearing in compliance with this Chapter finds that the nuisance or dangerous condition exists, the Inspector shall have the authority to enter upon the property and abate the public nuisance found thereon. In abating such nuisance, the Inspector may go to whatever extent may be necessary to complete the abatement of the public nuisance. If it is practicable to salvage any material derived in the aforesaid abatement, the Inspector may sell the salvaged material at private or public sale and shall keep an accounting of the proceeds thereof.
G. 
Proceeds From Sale Of Private Property. The proceeds, if any, obtained from the sale of any material salvaged as a result of an abatement of a public nuisance by the Inspector shall be deposited to the General Fund of the City and any deficit between the amount so received and the cost of the abatement shall be filed with the City Clerk. The City Clerk shall certify said costs and assess costs to the annual real estate tax bill for the property. Should the proceeds of the sale of the salvaged material exceed the cost of the abatement, the surplus, if any, shall be paid to the owner of the property from which the public nuisance was abated when a proper claim to the excess is established.
H. 
Authorized Action. In abating a public nuisance, the Inspector may call upon any of the City departments or divisions for whatever assistance shall be deemed necessary or may by private contract cause the abatement of the public nuisance.
I. 
Statement Of Costs. The Inspector shall, after completing the removal and abatement, file a statement of costs with the City Clerk. The City Clerk shall certify costs and assign costs to the annual real estate tax bill for the property.
J. 
Prior Recovery. The City may seek to recover the cost of demolition prior to the occurrence of demolition. Upon issuance of an order by the Inspector whereby the building or structure is ordered to be demolished, secured or repaired, then the Inspector may solicit no less than two independent bids for such demolition work, the amount of the lowest bid, including offset for salvage value, if any, plus reasonable anticipated costs of collection, including attorneys' fees, shall be certified to the City Clerk, who shall cause a special tax bill to be issued against the property owner to be prepared and collected by the City Collector. The City Clerk shall discharge the special tax bill upon documentation by the property owner of the completion of the ordered repair or demolition work. Upon determination by the City Clerk that a public benefit is secured prior to payment of the special tax bill, the City Clerk may discharge the special tax bill upon the transfer of the property. The payment of the special tax bill shall be held in an interest-bearing account. Upon full payment of the special tax bill, the Inspector shall, within one hundred twenty (120) days thereafter, cause the ordered work to be completed, and certify the actual cost thereof, including the cost of tax bill collection and attorneys' fees, to the City Clerk who shall, if the actual cost differs from the paid amount by greater than two percent (2%) of the paid amount, refund the excess payment, if any, to the payer, or if the actual amount is greater, cause a special tax bill or assessment for the difference against the property to be prepared and collected by the City Collector. If the Inspector shall not, within one hundred twenty (120) days after full payment, cause the ordered work to be completed, then the full amount of the payment, plus interest, shall be repaid to the payer. At the request of the taxpayer, the tax bill for the difference may be paid in installments over a period of not more than ten (10) years. The tax bill for the difference from the date of its issuance shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid.
[Ord. No. 365, 7-18-2019]
A. 
Any lot or land shall be a public nuisance if it has the presence of debris of any kind, including, but not limited to, weed cuttings, cut and fallen or hazardous 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, any flammable material which may endanger public safety or any material which is unhealthy or unsafe and declared to be a public nuisance.
B. 
Owners or occupants shall be responsible for maintenance of adjacent local road public right-of-way within the City of Hallsville, including:
1. 
Properly mowing the grassed or vegetated area to prevent from being a public nuisance at seven (7) inches or more in height;
2. 
Trimming around all vertical objects;
3. 
Where present, sidewalks adjoining the property shall be maintained to control the growth of grass and weeds, both between the sidewalk joints and alongside both sides of the sidewalk and edge of pavement;
4. 
Where present, vegetation around curbs, gutters, culverts and catch basins shall be maintained to control the growth of grass and weeds, alongside of and between the curb, gutter, culvert and catch basin joints.
5. 
Clean-up of cut vegetation from road, sidewalk, curb, gutter, culvert and catch basin surfaces.
C. 
When a public nuisance as described above exists, the Chief of Police shall provide for service to the owner of the property and, if the property is not owner-occupied, to any occupant of the property a written notice specifically describing each condition of the lot or land declared to be a public nuisance, and which notice shall identify what action will 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. 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.
D. 
Upon a failure of the owner to pursue the removal or abatement of such nuisance without unnecessary delay, the Chief of Police may cause the condition which constitutes the nuisance to be removed or abated. If the Chief of Police 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 ce1tified 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. 214 §4, 3-9-1998]
A. 
Notice.
1. 
The Inspector shall determine all individuals, firms or corporations who, from the records in the Recorder of Deeds' office, appear to be the titled owners of the aforesaid property and immediately cause a written notice to be served on each such individual, firm or corporation by personal service or by one of the following methods:
a. 
Leaving a copy of the notice at the usual place of residence or business of such owner, or address of such owner shown in the Recorder's records; or
b. 
Mailing a copy to such owner at such place or address by United States certified mail return receipt.
2. 
If service of such written notice is unable to be perfected by any of the methods described above, the Inspector shall direct the City Clerk to cause a copy of the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two (2) consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the individual, if any, in possession of such property on which it is alleged such public nuisance exists, or if there is no individual in possession thereof, the Inspector shall cause a copy of the notice to be posted at such structure, location or premises. The Inspector shall also determine from the Recorder of Deeds' office who the lienholder of the property, if any, as documented therein, is and cause a written notice to be served on such lienholder by United States certified mail return receipt.
B. 
Notice Contents. The aforesaid notice to the owners, and lien holder, if any, of the property shall state clearly and concisely:
1. 
The street address or legal description of the property;
2. 
A description of the condition or conditions alleged to constitute a public nuisance;
3. 
That a hearing is scheduled with the Inspector on a date not sooner than thirty (30) days after the date of the notice letter; and
4. 
That proof of the commencement of such abatement actions must be submitted to the Inspector not later than three (3) working days before the date scheduled for the hearing or such hearing to determine whether the nuisance or dangerous condition will be held;
5. 
The hearing may be held without the presence of any owner, lienholder, occupant or representative.
C. 
Adequacy Of Proof. The Inspector shall have discretion over what actions are sufficient to constitute the commencement of nuisance abatement. However, the Inspector shall be guided by such factors as:
1. 
Expedient and continuous work;
2. 
Abatement costs; and
3. 
Impact on the environment or the public.
D. 
Responsible Parties. Any person who is the recorded owner of the premises, location or structure at the time an order pursuant to this Chapter is issued and served upon him/her, shall be responsible for complying with that order, and liable for any costs incurred by the City therewith, notwithstanding the fact that he or she conveys his/her interests in the property to another after such order was issued and served.
[Ord. No. 214 §5, 3-9-1998]
A. 
Procedure. The owners, lienholder and occupants of the property who have been served with a notice pursuant to Section 215.050, and who do not submit sufficient proof of the commencement of such abatement actions to the Inspector not later than three (3) working days before the date scheduled for the hearing, may appear in person or by representative at a hearing with the Inspector scheduled on a date not sooner than thirty (30) days after the date of the notice letter.
B. 
Hearing. The Inspector shall conduct a full and adequate hearing upon the question of whether a public nuisance in fact exists. The Inspector may amend or modify the notice, or extend the time for compliance with the notice by the owner by such date as the Inspector may determine.
C. 
Evidence. The owners, lienholder and occupants of the property, or their representative or agents, of the subject property shall be given the opportunity to present evidence to the Inspector in the course of the hearing.
D. 
Order. Should the evidence support a finding that the building, structure or condition constitutes a public nuisance, the Inspector shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the building, structure or condition to be a public nuisance and ordering the building, structure or condition demolished, removed, repaired or otherwise abated by the City.
E. 
Additional Time. The Inspector, upon written application by the owner at any time within the period after the notice has been served, may grant additional time for the owner to effect the abatement of the public nuisance, provided that such extension is limited to a specific time period.
F. 
Costs To Be Certified. The costs of performance of the abatement order shall be certified to the City Clerk, who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Collector. If the building or structure is demolished, secured or repaired by a contractor pursuant to the order issued by the Inspector, such contractor may file a mechanic's lien against the property where the dangerous building is located. The contractor may enforce this lien as provided by Missouri State Law. Except as otherwise provided in this Chapter, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from date of its issuance shall be deemed a personal debt against property owners and shall also be a lien on the property until paid.
G. 
Appeal Procedures. The Board of Aldermen shall be vested with appeal authority. Orders of abatement by the Inspector may be appealed to the Board of Aldermen. Appeals must be filed with the City Clerk not later than ten (10) days after the issuance of the order described in Subsection (D) of this Section.
H. 
Board Of Aldermen May Waive Costs. In those instances where the nuisance has been abated by the City, the Board of Aldermen shall have discretion to waive the cost of abating a nuisance, in whole or in part, if, in the course of the hearing reviewing the decision, the Board of Aldermen finds that any of the following did not conform to the provisions of this Chapter:
1. 
The notice to remove the nuisance;
2. 
The work performed in abating the nuisance; or
3. 
The computation of charges.
I. 
Finality Of Judgment. If the judgment of the Board of Aldermen is not appealed to the Circuit Court within thirty (30) days from the date of delivery or mailing of notice, the judgment will be declared final per Missouri Revised Statutes Chapter 536.
[Ord. No. 214 §6, 3-9-1998]
A. 
Procedure. Upon receipt of the statement of costs from the Inspector, the City Clerk shall mail to the owners of the property upon which the public nuisance has been abated notice of the amounts set forth in the statement, plus an additional amount sufficient to defray the costs of the notice and stating that the City proposes to assess against the property the amount set forth in the notice and that objections to the proposed assessment must be made in writing and received by the City Clerk within twenty (20) days from the date of mailing such notice. Upon the expiration of the twenty-day period, if no objections have been received by the City Clerk, the City Clerk shall enter that amount in the City liens docket, which shall therefore constitute a lien against the property.
B. 
Objections. If objections of either the property owner or their representative are received by the City Clerk prior to the expiration of the twenty-day period, the City Clerk shall refer the matter to the City Inspector for administrative review.
C. 
Administrative Review. Upon conclusion of administrative review, the Inspector shall make a written determination that the amount of the charges shall be canceled, reduced, or remain the same. A copy of this determination shall be furnished to the person making the objections together with a notice of such person's right to appeal to the Board of Aldermen within thirty (30) days.
D. 
Absence Of Appeal. If no appeal of a determination by the Inspector is filed within the time period allowed, a copy of the determination will be furnished to the City Clerk, who shall then enter a lien in the amount determined by the Inspector in the City liens docket as provided in Subsection (A).
E. 
Filing Of Appeal. If a timely appeal is received by the Board of Aldermen, a hearing shall be scheduled and held on the matter. If, after the hearing, the Board of Aldermen determines that the proposed assessment does not comply with Subsection (G) herein, the Board of Aldermen shall so certify to the City Clerk and the proposed assessment shall be canceled. If, after the hearing, it is determined that the proposed or any part of it is proper and authorized, the Board of Aldermen shall so certify to the City Clerk, who shall enter a lien in such amount as determined appropriate by the Board of Aldermen, in the lien docket as provided in Subsection (G).
F. 
Finality Of Board Of Aldermen. If the judgment of the Board of Aldermen is not appealed to the Circuit Court within thirty (30) days from the date of the Board of Aldermen's determination of the assessment, the judgment will be declared final per Missouri Revised Statutes Chapter 536.
G. 
Reducing Costs.
1. 
Assessments. The Inspector, in administrative review, or the Board of Aldermen, on appeal, may reduce or cancel a proposed assessment if it is determined that:
a. 
Any of the following did not conform to the provisions of this Chapter:
(1) 
The notice to remove the nuisance;
(2) 
The work performed in abating the nuisance; or
(3) 
The computation of charges.
2. 
The Inspector, in administrative review, or the Board of Aldermen, on appeal, may reduce a proposed assessment by eliminating the civil penalty portion of the invoice if it is determined that:
a. 
The current owner was not in possession of the property at the time the notice required by Section 215A.050 was posted; or
b. 
The owner did not receive the notice to remove the nuisance, did not have knowledge of the nuisance and could not, with the exercise of reasonable diligence, have had such knowledge.
H. 
Claim Of Lack Of Notice. If, after a lien has been entered in the docket of City liens, there is a written request of the owner who alleges that the owner did not receive notice of the proposed assessment, the City Clerk shall refer the matter for review pursuant to Section 215A.060(D) of this Chapter. The lien may be canceled or reduced by the Inspector, in administrative review, or the Board of Aldermen, on appeal, if it is determined that the owner did not receive notice of the proposed assessment, did not previously have knowledge of the lien or of the nuisance abatement work constituting the basis of the lien, could not, in the exercise of reasonable care or diligence, have had such knowledge, and in addition, that the circumstances are such that a reduction or cancellation of the charges would have been appropriate had the matter been reviewed pursuant to this Section prior to assessment. Upon receipt of a certification from the Inspector and/or Board of Aldermen, pursuant to Section 215A.060(D), the City Clerk shall cancel or reduce the lien if required by the determination of the Inspector and/or Board of Aldermen. The individuals, firms or corporations who are the owners of the property at the time at which the notice required under Section 215A.050 is posted shall be personally liable for the amount of the assessment including all interest, civil penalties, and other charges.
I. 
Overhead Charge, Civil Penalties.
1. 
Whenever a nuisance is abated by the City, the Board of Aldermen shall keep an accurate account of all expenses incurred, including an overhead charge of twenty-five percent (25%) for administration and a civil penalty of two hundred dollars ($200.00) for each nuisance abated.
2. 
When the City has abated a nuisance maintained by any owner of real property, for each subsequent nuisance that is abated by the City within two (2) consecutive calendar years concerning real property, owned by the same person, an additional civil penalty of fifty percent (50%), minimum of fifty dollars ($50.00), of the cost of abatement shall be added to the costs, charges and civil penalties provided for in Subsection (I)(1). The civil penalty shall be imposed without regard to whether the nuisances abated by the City involve the same real property or are of the same character.