[Ord. No. 1326B §1, 10-16-2013]
A. Definitions. As used in this Section, the following
terms shall have the following definitions:
BUILDING
Any structure having a roof supported by columns or walls
built for the support, shelter or enclosure of persons, animals, chattels
or property of any kind, but not including any vehicle, trailer (with
or without wheels) nor any movable device such as furniture, machinery
or equipment.
CONTROLLED SUBSTANCES
Drugs, substances, or immediate precursors in Schedules I
through V listed in Sections 195.005 to 195.425, RSMo.
DIRECTOR
The Director of the Department of Community Development.
INHABITABLE STRUCTURE
A ship, trailer, sleeping car, airplane, or other vehicle
or structure:
1.
Where any person lives or carries on business or other calling;
or
2.
Where people assemble for purposes of business, government,
education, religion, entertainment or public transportation; or
3.
Which is used for overnight accommodation of persons. Any such
vehicle or structure is inhabitable regardless of whether a person
is actually present.
LOCATION
Includes any room, building, structure or inhabitable structure.
ROOM
A partitioned part of the inside of a building or structure.
STRUCTURE
Any relatively immobile improvement on land composed of man-made
materials.
USED FOR CONTROLLED SUBSTANCES
Includes using, possessing, manufacturing, storing, distributing
or selling, or permitting the same, of controlled substances as defined
herein on the subject location.
B. Public Nuisance. Any location which is used for
the illegal use, keeping or selling of controlled substances is a
public nuisance. No person shall keep or maintain such a public nuisance
within the City.
[Ord. No. 1326B §1, 10-16-2013]
A. Summary Abatement Of Nuisances. Whenever a complaint
is made to the Director of the existence of a public nuisance, as
defined in this Article, the Director shall promptly cause to be inspected
the location on which it is alleged that such public nuisance exists.
Upon the discovery of a public nuisance, the Director shall inform
of the public nuisance and the City Administrator may order the owner
or other person creating, keeping, maintaining or permitting the same
to abate it. Should the City Administrator find that a public nuisance
exists, and that the public health, welfare or safety may be in immediate
danger, then summary abatement procedures shall be implemented, and
the inspecting official or department may cause the nuisance to be
removed or abated. Summary abatement costs shall be certified by the
City Clerk and assigned to the annual real estate tax bill for the
location. If the public nuisance involves a building that appears
structurally unsafe, the City shall follow those procedures promulgated
in the Property Maintenance Code, as adopted by the City. When summary
abatement is authorized, notice to any interested party, as defined
below, is not required. Following summary abatement, the City Administrator
shall cause to be posted on the location liable for the abatement
a notice describing the action taken to abate the nuisance.
B. Abatement Of Nuisances In Other Cases. Upon receiving a complaint, or as a result of investigation by the City, whenever the Director believes that a public nuisance is being maintained in a location in violation of this Article
V, he/she shall cause notice to be sent, by personal delivery or via certified mail, return receipt requested, to all owners and occupants, lessees, lienholders, mortgagees, and all other persons having an interest in the location as shown by the records of the St. Charles County Recorder of Deeds (together, "interested parties"). If any such interested party's address is unknown and cannot be located, notice may be given by publication and posting on the affected property. Such notice shall contain:
1.
A statement that the Director believes that a public nuisance
is being maintained at the location in violation of this Article;
2.
A description of the use of the location, or activity(ies) taking
place at the location, which constitute a public nuisance as defined
in this Article;
3.
An order that such public nuisance be immediately abated and/or
ceased; and
4.
An order that if the location continues to be used in such a
manner, a hearing will be held before the City Administrator to determine
the existence of a public nuisance at the location, and if a public
nuisance is determined to exist at the location, the City Administrator,
or his/her designee, will determine an appropriate penalty, including,
but not limited to, an abatement order and/or an order that the location
may not be occupied for a period not to exceed one (1) year.
C. After ten (10) days from the date all interested parties have been given notice under Subsection
(A), if the Director believes that the location continues to be in violation of this Article, the Director shall cause a second notice to be served on all interested parties in accordance with the procedures of Subsection
(A). Said notice shall advise all interested parties that:
1.
The Director believes the interested parties failed to abide
by the Director's first notice and order and that a public nuisance
continues to be maintained in violation of this Article; and
2.
The City Administrator will hold a hearing, not sooner than
ten (10) days after the date of the second notice, to determine whether
a public nuisance is being maintained at the location in violation
of this Article.
D. Hearing.
1.
At the hearing, interested parties may be represented by counsel,
and all such parties shall have an opportunity to be heard and present
such evidence as is relevant to a determination of:
a.
Whether or not the location involved is a public nuisance under
the terms of and in violation of this Article;
b.
Whether the procedures required by this Article have been substantially
followed; and
c.
Whether the interested party knew that the location was being
used in violation of this Article.
2.
The testimony shall be under oath, which may be administered
by the City Administrator, or his/her designee, and a written record
of the hearing may be prepared by a reporter, the cost of which shall
be borne by the party requesting the creation of the record. In lieu
of a written record of the hearing, the City Administrator or designee
may order that an audio recording of all testimony be made and a copy
thereof preserved and, if needed, subsequently transcribed, which
record then shall be used for all purposes the same as a transcript
reported by a reporter.
E. After hearing all evidence, if the City Administrator, or his/her designee, finds and determines that a public nuisance is being maintained on the location in violation of this Article, he/she may order that the public nuisance be abated. Within fifteen (15) days of the hearing, the interested parties shall abate such public nuisance, or prove that actions in furtherance of abating the nuisance have commenced. If the interested parties fail to abate the public nuisance within thirty (30) days of the hearing, the City may enter onto the affected property to abate such public nuisance, and all costs incurred by the City shall be the responsibility of the interested party. Upon failure to pay such costs, including attorneys' fees, which shall be documented by the City Administrator, or his/her designee, the City shall place a lien on the location in accordance with the procedures in Section
215.010 concerning general nuisance abatement. Further, if the City Administrator, or his/her designee, finds that the interested party(ies) knew that the location was being used in violation of this Article or failed to abate the public nuisance as so ordered, the City Administrator, or his/her designee, may also order, in lieu of City abatement, that the location shall be closed and not occupied or used for such a period not to exceed one (1) year. All such orders shall be in writing, state the evidence supporting such order, and shall be delivered to all interested parties by certified mail, return receipt requested or personal delivery or by publication to any interested parties whose address is unknown, and if notice is sent by publication or such order provides that the location shall be closed for a certain period, then such order shall also be posted at the location.
F. It shall be unlawful for any person to:
1.
Fail to obey an order to cease and/or abate a public nuisance
issued pursuant to this Article.
2.
Occupy, use or permit any other person to occupy or use any
location ordered closed pursuant to this Article.
3.
Damage or remove any notice or order posted at the location
pursuant to this Article.
G. The closure of any location pursuant to this Article shall not constitute
an act of possession, ownership or control by the City of the closed
location.
H. Nothing contained in this Article shall relieve the interested parties
of any location from complying with the building, fire, property maintenance,
and zoning codes or any other ordinance that regulates the condition
or use of the location.
[Ord. No. 1326B §1, 10-16-2013]
A. Nothing herein shall prevent the City from prosecuting any person
violating the terms of this Article in Municipal Court.
B. Any persons who shall, within this City, cause or maintain any public nuisance as defined by this Article, and who shall fail or refuse to abate or remove the same within the reasonable time required and specified in the notice to abate or remove the same shall be deemed guilty of an offense and upon conviction shall be punished as provided in Section
100.220.
C. All interested parties may appeal the decision of the City Administrator,
or his/her designee, pursuant to the procedures of Chapter 536, RSMo.,
as amended, within thirty (30) days of the date the decision was issued.