[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Whenever any household goods, bedding, clothing, putrid or unsound
meat, pork, fish, vegetables, fruit, hides or skins of any kind or
any other article are found within the City which, in the opinion
of the Code Administrator, are an immediate danger to the health of
the inhabitants thereof, the Code Administrator shall have the power
and authority to cause the same to be destroyed in such manner as
he/she may direct and he/she may employ such persons as he/she sees
fit for that purpose.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
The Code Administrator or any agent or employee of the Code
Administrator or of the Chief of Police or any Police Officer is hereby
authorized to enter and inspect all buildings and parts of buildings
and other premises at reasonable times to inspect the subject property
subject to constitutional restrictions on unreasonable searches and
seizures. If entry is refused or not obtained, the Code Administrator,
his/her agent or employee, Police Officer or Chief of Police is authorized
to pursue other recourse as provided by law. If upon such successful
inspection, any nuisance or unsanitary condition may be found, the
same shall be forthwith reported to the Code Administrator.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Any person or contractor employed or contracted with for the
abatement of a nuisance and any agent or employee of such contractor
shall have the right of entry for that purpose into and upon any premises
and it shall be unlawful to interfere with any Police Officer or any
officer, agent or employee of the City or with any representative
of the Code Administrator for the purpose of sanitary inspection or
the discovery or abatement of any nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010; Ord.
No. 3704 §1, 9-15-2015
A.
Without Notice. Whenever it becomes necessary to
abate a nuisance immediately in order to secure the general health
of the City or any of its inhabitants, the Code Administrator is authorized
to abate such nuisance without notice and he/she may use any suitable
means or assistance for that purpose, whether employees of the City
or day laborers especially employed for that purpose or any other
help or assistance necessary thereof.
B.
With Notice.
1.
If the Code Administrator, other designated City Officer, or
his/her designee determines that a nuisance is being maintained within
the City, the City shall notify the person causing, maintaining or
permitting the same to forthwith begin the removal, termination, and/or
abatement of such nuisance within ten (10) days of receiving such
notice. Such notices shall be given either personally or by first-class
United States mail to the owner or owners, or the owner's agents,
or by posting such notice on the premises and shall include a statement
of the condition constituting such nuisance and those actions necessary
to remove, terminate or abate same.
[Ord. No. 3744 §1, 9-6-2016]
2.
Should the person so notified fail to remove, terminate or abate
such nuisance within ten (10) days of receiving notice, the City may
cause the same to be promptly removed, terminated or abated pursuant
to Section 67.398, RSMo., and thereafter certify the cost of such
corrective action to the City Clerk, who shall cause a special tax
bill to be issued in that amount against the property from which the
nuisance was removed, terminated or abated, the same to be collected
with other taxes assessed against the property. If the City causes
such condition to be removed or abated, the cost of such removal shall
be certified to the City Clerk, 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 first
lien on the property until paid.
[Ord. No. 3744 §1, 9-6-2016]
3.
The certified costs associated with the removal, termination
or abatement of such nuisance shall include all expenses incurred
by the City in the removal of the nuisance, including, but not limited
to, the actual cost of inspecting the land or lot, the actual cost
of service of notice as provided herein, the actual cost of abatement,
reasonable attorneys' fees, and, if a tax bill is recorded, the
actual cost for issuing and recording the tax bill. Such tax bills,
if not paid when due, shall bear interest at the rate of eight percent
(8%) per annum or the statutory rate, whichever is higher.
4.
Nothing in this Section shall limit the right of the City or
the Mayor to seek any other remedy available allowed by law in addition
to or in lieu of the remedy specified herein.
C.
Abatement of a nuisance shall not prohibit the violation from being
referred to the City Prosecutor or other Prosecutor for prosecution
in a court of competent jurisdiction or waive any other remedy available
under the law.
D.
It shall not be a defense to prosecution that the City has abated
the nuisance.
[Ord. No. 3704 §2, 9-15-2015]
A.
Whenever weeds or trash, in violation of City ordinance, are allowed
to grow or accumulate, as the case may be, on any part of any lot
or ground within the City, the owner of the ground, or in case of
joint tenancy, tenancy by entireties or tenancy in common, each owner
thereof shall be liable.
B.
The Code Administrator, other City Official, or his/her designee
shall give a hearing after ten (10) days' notice is sent, either
personally or by United States Mail to the owner or owners, or the
owner's agents, or by posting such notice on the premises, the
Code Administrator or other designated City Official may declare the
weeds or trash to be a nuisance and order the same to be abated within
five (5) business days after the hearing; and in case the weeds or
trash are not removed within the five (5) business days after the
hearing, the Mayor or other designated City Official shall have the
weeds or trash removed, and shall certify the costs of same to the
City Clerk, who shall cause a special tax bill therefor against the
property to be prepared and to be collected by the Collector, with
other taxes assessed against the property; and the tax bill from the
date of its issuance shall be a first lien on the property until paid
and shall be prima facie evidence of the recitals therein and of its
validity, and no mere clerical error or informality in the same, or
in the proceedings leading up to the issuance, shall be a defense
thereto.
C.
Each special tax bill shall be issued by the City Clerk and delivered
to the Collector on or before the first day of June of each year.
Such tax bills. if not paid when due, shall bear interest at the rate
of eight percent (8%) per annum.
D.
Abatement of a weeds, grass, or trash pursuant to this section shall
not prohibit the violation from being referred to the City Prosecutor
or other Prosecutor for prosecution in a court of competent jurisdiction,
or waive any other remedy available under the law.
E.
It shall not be a defense to prosecution that the City has abated
the weeds, grass, or trash violation.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Where any property found to be in violation of any Section of these Articles I and II regarding nuisances, the Code Administrator shall certify the cost of abating such nuisance to the Board of Aldermen and the Board may, by ordinance, levy the cost thereof as a special tax bill against the property on which such nuisance was located if within the City limits, which tax shall be collected like other special tax bills and shall be a first (1st) lien on the property until paid.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
If any nuisance abated by the Code Administrator as provided
in this Article extended before the abatement over the property of
more than one (1) owner, the cost of abating the same shall be assessed
in proportion to the amount of work and expense for each proportionate
part of the entire work and the area and the special tax bills provided
for in this Article shall be levied and collected accordingly.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Nothing in this Article shall be construed as abandoning or
limiting the City's right to bring suit for all expenses attending
the abatement of a nuisance, when performed by the City, in any court
of competent jurisdiction in the name of the City against the person
maintaining, keeping, creating or refusing to abate the nuisance so
abated.
[Ord. No. 2795 §1, 7-16-2002; Ord. No. 3413 §1, 8-3-2010; Ord. No. 3577 §1, 6-4-2013; Ord. No. 3704 §1, 9-15-2015
Any person, firm, or entity found to be violating any provisions
of this Chapter may be punished by a fine not exceeding five hundred
dollars ($500.00) or by imprisonment not exceeding three (3) months,
or by both such fine and imprisonment for each offense; and a separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
[Ord. No. 2795 §1, 7-16-2002; Ord. No. 3413 §1, 8-3-2010; Ord.
No. 3781 §1, 11-7-2017]
Enforcement of this Chapter may be accomplished by the City
in any manner authorized by law including but not limited to civil
actions and injunctive relief prior to or after abatement and, in
addition, any person who by reason of another's violation of any provision
of this Chapter suffers special damages to himself/herself different
from that suffered by other property owners throughout the City generally
may bring an action to enjoin or otherwise abate an existing violation.
Nothing herein shall restrict the City from seeking any remedy in
law or in equity, or all remedies simultaneously against any person
or entity in violation of the provisions of this Chapter.
