[Ord. No. 24.040 §§2 —
5, 7-6-2010]
A.
Debris Defined. Any condition on any lot or land that has
the presence of debris of any kind is hereby declared to be a public
nuisance, subject to abatement. Debris includes weed cuttings, cut
and fallen 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, and/or
any flammable material. The word "debris" also includes
any other material which is found on any lot or land that is unhealthy
or safe, provided:
B.
Notice. Enforcement of this Section shall be the responsibility
of the Fire Chief/Building Inspector, and the Police Officers of the
City of California, Missouri. Enforcement shall commence by providing
notice to the owner of the property of the nuisance condition existing
on his/her/its property. The notice may be delivered by personal service,
by certified mail, or by ordinary mail. (If sent by ordinary mail,
there will be a refutable presumption that the letter was delivered
five (5) days after the date it was sent.)
1.
The notice shall generally describe the nature of the nuisance, the
location of the property (using the mailing or popular address rather
than a legal description, when reasonably possible to do so), and
ordering the property owner to, within a period of seven (7) days
from the receipt of the notice, abate the nuisance.
2.
Any owner who wishes to challenge the order of abatement may do so,
provided that within the seven (7) day period he/she/it requests a
hearing on the validity of the order under the State Administrative
Procedure Act, Chapter 536, RSMo. If no such request is made within
that time period, the order becomes final and is not subject to challenge
elsewhere. If such request is made, the hearing shall be conducted
by the Fire Chief/Building Inspector or the Chief of Police of the
City of California, Missouri. The request for a hearing must be in
writing, but otherwise no particular formality is required. Notice
to the property owner of his right to request such hearing shall be
given by including a copy of this Section with any notice sent under
authority of this Section. Once a request for a hearing is received,
the hearing shall be conducted in accordance with the "contested case"
provisions of the State Administrative Procedure Act. The City Attorney
shall represent the City at such a hearing.
C.
Abatement Of Nuisance. If the nuisance is present on the
property seven (7) days after receipt of the notice by the property
owner, the Enforcement Officer shall cause the same to be abated.
(The costs of abatement may include a fee for the City's costs in
administering this Section, which fee shall not exceed one hundred
dollars ($100.00). The Enforcement Official shall verify the cost
of such abatement to the City Clerk or other 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, and shall be collected in the same manner and procedure
as for collecting real estate taxes.
D.
Violation Is An Offense. An owner who fails to remove a nuisance within seven (7) days of being notified to do so by the notice/abatement order described in Subsection (A) above shall be guilty of an offense and may (at the option of the City) be charged in Municipal Court with the offense of "failure to abate a nuisance" pursuant to this Section and pursuant to Sections 215.010 and 215.080. Each day that the nuisance continues to exist shall be deemed a separate offense and violation.
