Editor's Note — Ord. no. 838 §1, adopted May 17,
1999, repealed ch. 220 and enacted the new provisions set out herein.
Former ch. 220 derived from CC 1983 §§15-13, 15-14, 15-17,
15-29 — 15-31, ord. no. 792 §1, 5-20-96, and ord. no. 814
§§1 — 2, 9-15-97. Subsequently, ord. no. 851 §1
adopted February 7, 2000, repealed ch. 220 and enacted the new provisions
set out herein. Former ch. 220 derived from ord. no. 838 §2,
5-17-99.
[Ord. No. 851 §2, 2-7-2000; Ord. No. 2008-15 §1, 10-6-2008]
Any condition on any lot or land that has the presence of a
nuisance including, but not limited to, debris of any kind, weed cuttings,
cut, 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, bricks, tin, steel, parts of derelict cars or trucks,
broken furniture, any flammable material which may endanger public
safety or any material or condition which is unhealthy or unsafe and
declared to be a public nuisance shall be subject to abatement hereunder.
[Ord. No. 851 §2, 2-7-2000; Ord. No. 2008-15 §2, 10-6-2008]
The following definition shall apply in the interpretation and
enforcement of this Chapter.
Any vehicle which:
Is not registered or is improperly registered with the State
of Missouri or which does not have a valid and current City vehicle
license sticker properly attached and which is maintained in a condition
harmful to the public health, welfare, peace and safety;
Has been junked, scrapped, dismantled, disassembled or is in
a condition otherwise harmful to the public health, welfare, peace
and safety; or
Has been inoperable for more than thirty (30) days or is in
a state of repair as to be inoperable and which is maintained in a
condition harmful to the public health, welfare, peace and safety.
[Ord. No. 851 §2, 2-7-2000]
Any derelict vehicle, or part thereof, located on any property,
street, or highway within the City which presents a hazard to children,
or harbors tall grass, weeds, or other vegetation, or creates a fire
hazard, or affords a breeding place or nesting place for mosquitoes,
flies, rodents, or other vermin, or otherwise constitutes a public
safety hazard is hereby declared a public nuisance.
[Ord. No. 851 §2, 2-7-2000]
A.
Enforcement
of this Chapter shall be the responsibility of the Code Enforcement
Officer of the City. Enforcement shall commence by providing notice
to the owner of the property of the nuisance condition existing on
his/her/its property. If the address of the owner of the property
is known, the notice may be delivered by personal service, by certified
mail, or by ordinary mail. If sent by ordinary mail, there will be
a rebuttable presumption that the letter was delivered five (5) days
after the date it was sent. If the address of the owner is not known,
notice may be made by publication in any newspaper in general circulation
in the City of Caruthersville. The seven (7) day period referred to
herein shall commence upon the date of publication.
B.
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 abate the nuisance within a period of seven
(7) days from the receipt of the notice.
[Ord. No. 851 §2, 2-7-2000]
Any owner who wishes to challenge the order of abatement may do so provided that within the seven (7) day period from receipt of the notice provided for in Section 220.020 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 specified 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 City Council. The request for a hearing must be in writing, but otherwise no particular formality is required. 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 hearing.
[Ord. No. 851 §2, 2-7-2000]
If the nuisance is present on the property seven (7) days after
receipt of the notice by the property owner, the Chief of Police and
the Code Enforcement Officer shall jointly cause the same to be abated.
The Code Enforcement Officer shall certify 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. The costs of abatement may include a fee for the
City's costs in administering this Chapter, which administration fee
shall not exceed one hundred dollars ($100.00).
[Ord. No. 851 §2, 2-7-2000]
The Code Enforcement Officer or his duly authorized representatives, with assistance of any Police Officer of the City, may enter upon private property to remove any vehicle or debris in accordance with this Chapter if permission is granted by the property owner or person in control of the property. If any property owner refuses to allow entry onto his/her/its private property, the Chief of Police may obtain a search and seizure warrant from the Municipal Court Judge pursuant to Section 220.046 hereof and proceed in accordance therewith.
[Ord. No. 851 §2, 2-7-2000]
A.
A search and seizure warrant is a written order of the Municipal Court commanding the search of property for conditions constituting a nuisance under this Chapter or Chapter 525 of this Code, and the seizure, photographing or copying of property or items constituting such nuisance found thereon or therein.
[Ord. No. 851 §2, 2-7-2000]
A.
The Chief of Police or the City Attorney may make application under Section 220.046 for the issuance of a search warrant.
B.
The
application shall:
1.
Be in writing;
2.
State the time and date of the making of the application;
3.
Identify the property, article, material or substance which is to
be searched for and seized, in sufficient detail and particularity
that the officer executing the warrant can readily ascertain what
he is to search;
4.
Identify the property, place or thing which is to be searched, in
sufficient detail and particularity that the officer executing the
warrant can readily ascertain what he is to search;
5.
State facts sufficient to show probable cause for the issuance of
a search warrant;
6.
Be verified by the oath or affirmation of the applicant;
7.
Be filed in the Municipal Court; and
8.
Be signed by the City Attorney.
C.
The
application may be supplemented by a written affidavit verified by
oath or affirmation. Such affidavit shall be considered in determining
whether there is probable cause for the issuance of a search warrant
and in filling out any deficiencies in the description of the property,
place or thing to be searched or of the property, article, material,
substance or person to be seized. Oral testimony shall not be considered.
D.
The
judge shall hold a non-adversary hearing to determine whether sufficient
facts have been stated to justify the issuance of a search warrant.
If it appears from the application and any supporting affidavit that
there is probable cause to believe that the property, article, material,
or substance subject to seizure is at the property, place or in the
thing described, a search warrant shall immediately be issued. The
warrant shall be issued in the form of an original and two (2) copies.
E.
The
application and any supporting affidavit and a copy of the warrant
shall be retained in the records of the Municipal Court.
F.
The
search and seizure warrant shall:
1.
Be in writing and in the name of the City of Caruthersville, Missouri;
2.
Be directed to the Code Enforcement Officer and any Peace Officer
in the City;
3.
State the time and date of the warrant is issued;
4.
Identify the property, article, material or substance which is to
be searched for and seized, in sufficient detail and particularity
that the officer executing the warrant can readily ascertain it;
5.
Identify the property, place or thing which is to be searched, in
sufficient detail and particularity that the officer executing the
warrant can readily ascertain what he is to search;
6.
Command that the described place or thing be searched and that any
of the described property, article, material, or substance found thereon
or therein be seized or the photograph or copy be brought within ten
(10) days after the filing of the application to the judge who issued
the warrant, to be dealt with according to law;
7.
Be signed by the judge with his/her title of office indicated.
G.
A search
and seizure warrant issued under this Section may be executed only
by a Peace Officer who shall be accompanied by the Code Enforcement
Officer. The warrant shall be executed by conducting the search and
seizure commanded.
H.
A search
and seizure warrant shall be executed as soon as practicable and shall
expire if it is not executed and a return made within ten (10) days
after the date of the making of the application.
I.
After execution of the search and seizure warrant, the warrant with a return thereon, signed by the officer making the search, shall be delivered to the judge who issued the warrant. The return shall show the date and manner of execution, what was seized, and the name of the possessor and of the owner, when he is not the same person, if known. The return shall be accompanied by a copy of the itemized receipt required by Section 220.048. The judge or Clerk shall, upon request, deliver a copy of such receipt to the person from whose possession the property was taken and to the applicant for the warrant.
J.
A search
and seizure warrant shall be deemed invalid:
1.
If it was not issued by a judge;
2.
If it was issued without a written application having been filed
and verified;
3.
If it was issued without probable cause;
4.
If it was issued for property not within the City;
5.
If it does not describe the property, place or thing to be searched
or the property, article, material, or substance to be seized with
sufficient certainty;
6.
If it is not signed by the Municipal Judge; or
[Ord. No. 851 §2, 2-7-2000]
A.
The
search and seizure shall be conducted in a reasonable manner. The
search and seizure must be made during the daytime and may not be
made at night.
B.
An
officer making a search and seizure pursuant to an invalid warrant,
the invalidity of which is not apparent on its face, may use such
force as he would be justified in using if the warrant were valid.
C.
The
officer may summon as many persons as he deems necessary to assist
him in executing the warrant. Such persons shall not be liable as
a result of the illegality of the search and seizure.
D.
If
any property is seized, the officer shall give to the person from
whose possession it is taken, if he is present, a copy of the warrant
and an itemized receipt of the property taken. If no person is present,
the officer shall leave the copy and the receipt at the site of the
search.
E.
A copy
of the itemized receipt of any property taken shall be delivered to
the office of the City Attorney within two (2) working days of the
search.
[Ord. No. 851 §2, 2-7-2000]
A.
The
Municipal Judge shall transfer custody and control of all property
seized pursuant to this Chapter to the City Council of the City of
Caruthersville, Missouri, which may engage a towing and storage company
to store any vehicle seized.
B.
All
rubbish shall be disposed of.
C.
With
respect to derelict motor vehicles seized, a notice shall be sent
to the title owner(s) and all lien holders of the motor vehicle as
recorded with the Missouri Department of Revenue. The owners shall
be notified by certified mail that they may claim the derelict motor
vehicle at City Hall by payment of the costs of abatement of the nuisances,
including all towing and storage fees. A person who reclaims a derelict
motor vehicle hereunder and returns it to a condition so that it constitutes
a nuisance shall be guilty of an offense and shall be fined five hundred
dollars ($500.00) for each day that it remains a nuisance. If a derelict
motor vehicle goes unclaimed, it shall be treated as an abandoned
motor vehicle and disposed of pursuant to State law.
[Ord. No. 851 §2, 2-7-2000]
The City of Caruthersville, Missouri, shall defend and indemnify
all of its officials, agents and employees, including, but not limited
to, the Mayor, City Council members, Chief of Police, Police Officers,
Code Enforcement Officer, Municipal Judge, City Attorney and City
Counselor from and against any and all liability, claim, loss or damage
resulting from their good faith actions performed under authority
of this Chapter.
[Ord. No. 851 §2, 2-7-2000]
An owner who fails to remove a nuisance within seven (7) days of being notified to do so by the notice and abatement order described in Section 220.020 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".
[Ord. No. 851 §2, 2-7-2000; Ord. No. 2008-15 §3, 10-6-2008]
Any person who pleads guilty to or is found guilty of the offense of failure to abate a nuisance under Section 220.060 of this Chapter shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment.
