[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.
ABANDONED
ABATEMENT
APIARY
APIS MALLIFERA
INSPECTOR
NUISANCE
1.
a.
b.
c.
d.
e.
f.
2.
OWNER
PROPERTY
PUBLIC NUISANCE
SUMMARY ABATEMENT
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
A place where bee colonies are kept.
[Ord. No. 378, 3-9-2020]
Western honeybee.
[Ord. No. 378, 3-9-2020]
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.
Includes:
A nuisance defined by statute or ordinance;
A nuisance at common law, either public or private;
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;
Uncleanness;
Overcrowding; or
Abandonment or vacancy.
A listing of conditions found to constitute public nuisances is found in Section 215.030 of this Chapter.
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.
Any real property, premises, structure or location on which
a public nuisance is alleged to exist.
As defined in Section 215.030 of this Chapter.
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:
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:
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.
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:
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:
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:
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:
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.
