[R.O. 1996 § 140.001; Ord. No. 4589 § 1, 3-21-2016]
The provisions of this Chapter shall apply to hearings and appeals when it is referenced in a specific Code Section. The provisions of this Chapter shall not be exclusive and the City may take any actions allowed by law to enforce its Charter, Code and regulations, including but not limited to citations to the Municipal Court Division of the Sixteenth Judicial Circuit, injunctive relief or breach or damage actions in the various courts of Missouri, the United States and other States.
[R.O. 1996 § 140.002; Ord. No. 4589 § 1, 3-21-2016]
Whenever State or Federal law, the City Charter or this Code require that notice of an action, public hearing or meeting is to be given to interested persons in advance of such action, hearing or meeting, and there is no imminent threat to the public health or safety or a violation of State or Federal law, regulation or a permit issued to the City is involved, and no time period or method is set out for such notice in such law, the Charter or the Code Section(s) involved, notice shall be given at least fourteen (14) calendar days before the action, public hearing or meeting is performed or held by: (1) regular United States Postal Service (USPS), with the notice placed in such USPS, postage prepaid, and addressed to the last known address of interested persons on any City, State, County or tax record reasonably available to the City at the time of the mailing, (2) posted on the City's website on a page customarily used for posting agendas, bids or other similar notices, and (3) if notice is required to be published in a newspaper by State or Federal law, published notice in a newspaper of general circulation within the City that is published at least weekly. In addition, when the notice involves a particular parcel of real property, notice may be posted on such property giving the date, time and location of any hearing at least fourteen (14) days before an action, hearing or meeting is scheduled to take place.
Whenever it is determined by the City official authorized to act that an imminent threat to public health or safety is present, or a violation of a State or Federal law, regulation or permit issued to the City is taking place which the City is responsible for enforcement or violations of, and in the discretion of the City official authorized to act thereunder an action must be ordered stopped or service by the City discontinued or the City take other immediate action to preserve the public health and safety or to limit the violation of the State or Federal law or a permit held by the City, reasonable notice may be provided based upon the circumstances and practicalities involved and an appeal of any City action or order, including a claim of lack of notice, may be had as provided under State or Federal law. Nothing in this Subsection or Subsection (A) shall limit the right of a City official to act under Section 245.120 and Section 715.440 of this Code.
[R.O. 1996 § 140.010; Ord. No. 4589 § 1, 3-21-2016]
The City Administrator shall appoint a hearing officer for every hearing to be held when a particular Code Section specifies that an appeal or hearing shall be held under this Chapter. The hearing officer may sustain, modify, or withdraw any decision, order, or notice subject to appeal. The decision shall be made, in writing, in conformity with Section 536.090, RSMo. Such decisions may be appealed if allowed under the Missouri Administrative Procedures Act contained in Chapter 536, RSMo., to the Sixteenth Judicial Circuit Court of Jackson County, Missouri.
[R.O. 1996 § 140.020; Ord. No. 4589 § 1, 3-21-2016]
Whenever the City Code does not provide a separate and specific procedure to determine a violation of a license or permit by the City to engage in a business, and a City Official entrusted with the enforcement of such license or permit determines upon the information available to such official that a City Code provision or law relating to such license or permit has been violated by any person, or any license or permit issued by the City should be suspended or revoked for any reason, the City official shall send a notice of violation or intent to suspend or revoke the license or permit to the person believed to be in violation, the owner and person in possession of property on which the violation is occurring or who holds the license or permit issued by the City.
The notice of violation of or intent to suspend or revoke a license or permit shall contain the following if applicable:
When the notice is being served because a City official has determined a violation of any City Code provision or regulation exists, or has taken place, the notice shall contain:
The Code Section(s), regulation(s) or condition(s) being violated;
A summary of the reason(s) why the violation has been determined to be taking, or have taken, place, including the date and time of the occurrence of the violation if not continuing;
That the violation is a continuing one if not ended;
The date by which the violation must cease or property/actions must be brought into compliance with the City's Code and regulations to preclude further action by the City;
The name and contact information for any official the person may inquire of for more information;
That the finding shall become final and enforceable against the person unless the person shall appeal such action under this Chapter; and
The deadline for any appeal to be filed and the manner of filing same.
When the notice relates to the intent to suspend or revoke a license or permit, the notice shall contain the following:
Identity of the license, permit or other permission to be revoked or suspended;
The reason(s) why the official has determined that such action should be taken;
The Code provision, regulation or condition, if any, that is being or has been violated, and the person's name to which the license, permit or other permission was issued;
Identity of the official who has made the determination that a suspension or revocation should take place;
The name and contact information for any official the person may inquire of for more information;
Any time period during which the person may be allowed to come into compliance before the suspension or revocation takes place;
The date on which the suspension or revocation will become effective if no appeal is filed; and
The right of appeal under this Chapter, the deadline for any appeal to be filed and the manner of filing same.
Postage prepaid United States certified mail, return receipt requested, and regular first class mail;
FedEx, UPS, or a similar delivery service;
E-mail, upon request; or
Posting the notice in a conspicuous location on the property where the violation exists, unless there has been personal or e-mail delivery.
[R.O. 1996 § 140.030; Ord. No. 4589 § 1, 3-21-2016]
Any person aggrieved by a decision of a City official with respect to a provision of the City Code, and this Chapter is specified in such Section as the means of appeal, such person shall have the right to appeal under this Chapter upon complying with any requirements in such Section and this Chapter.
An appeal request shall have attached to it the written determination, decision or notice being appealed from and shall be filed within the time set out in the specific Code Section authorizing an appeal under this Chapter or within fourteen (14) days of the decision, notice or action being appealed from if no time period is set out. The following is not an exhaustive list but set out herein for convenience. The specified Code Sections provide for the following time periods which shall be calendar days:
Section 210.050(D), Alarm Systems, Limitations And Restrictions — ten (10) days after notice of the administrative decision;
Section 245.055, Review Of Quarantine Or Isolation Order — may be requested at any time during quarantine;
Section 390.090, regarding appeal from denials of permits or requests for a parade, street fair, concert, show, demonstration, festival or exhibition — five (5) days after notice of denial;
Section 600.130, Alcoholic Beverages, License Suspension And Revocation — ten (10) days from date on notice of intent to revoke or suspend license;
Section 600.350, Alcoholic Beverages, Employee's Permit — fourteen (14) days from the date of the suspension or revocation;
Section 605.150, Licensing And Business Licenses, Suspension Or Revocation Of License — ten (10) days from date of notice of intent to suspend or revoke the license;
Section 605.170(B)(2), Remedies Regarding Operation Of Business Without Business License — five (5) days notice of the hearing to be held;
Section 620.060, Massage Therapy, Forfeiture, Suspension, Or Revocation — fourteen (14) days from the date on the notice of intent to forfeit, suspend or revoke;
Section 625.110, Cigarettes, Suspension And Revocation — ten (10) days from the date on the written notice of intent to suspend or revoke;
Section 630.170(B), Taxicabs, Livery Vehicles, And Buses, Suspension Or Revocation Of Certificate — fourteen (14) days prior to the effective date of any suspension or revocation;
Section 630.250(A)(4), Ambulances, Duty Of Chief Of Police — fourteen (14) days from the date on the notice of initiating proceedings;
Section 630.290, Ambulances, Revocation Of License — thirty (30) days from the date on the notice of intention to suspend or revoke;
Section 635.090, Security Operators And Officers, Appeal From Refusal To Issue Or Renew And From Decision To Revoke — ten (10) days after receipt of written notice;
Section 650.070, Pawnbrokers, Revocation Of License — ten (10) days notice of hearing to suspend or revoke;
[R.O. 1996 § 140.040; Ord. No. 4589 § 1, 3-21-2016]
Upon receipt of a notice of appeal the City Administrator shall determine if the matter may be heard under this Chapter or some other provision of the City Code. If the matter is not one that is subject to an appeal under this Chapter, the City Administrator shall notify the person filing the notice of appeal within five (5) days of receipt of the appeal that there is no right of appeal with the City for such determination under this Chapter. If the matter is to be heard under another provision of the City Charter or Code, the Administrator shall refer the appeal notice to the City department or official who is responsible for such appeals and the procedure provided by the City for such appeal shall be followed. If the appeal is one that should be heard under this Chapter, the City Administrator shall appoint a Hearing Officer to take evidence and render a decision in the matter.
Once appointed, and except for hearings held under Section 605.170(B)(2) which hearing date shall be governed by that Subsection, the Hearing Officer shall set a date for such hearing at least twenty (20) days and no more than sixty (60) days from the date of the request unless a longer time is mutually agreed to between the City and the person appealing and in a location suitable for the hearing of witnesses and the taking of evidence. Notice of the hearing shall be sent in the same manner as notice of any violation or intent to suspend or revoke a license issued by the City. The address used on the notice of appeal shall be used for sending notice in addition to the means set out in Section 140.020(C).
Any hearing set under this Chapter shall be recorded and the Hearing Officer will hear testimony offered under oath or affirmation. Interested parties may appear in person and by counsel. The City Attorney shall present the case for the City.
The Hearing Officer shall render a decision in conformance with Section 536.090, RSMo., containing findings of facts and conclusions of law within thirty (30) days of the conclusion of the hearing conducted under this Section. The decision shall contain the following:
Whether notices were provided as required in this Chapter;
Whether the condition(s) or action(s) relied on by the City official to make their determination existed or took place and if such is continuing;
The evidence relied on in making their decision;
Whether the condition(s) or action(s) resulting in the determination by a City official have been abated or ended at the time of the hearing;
Whether competent and substantial evidence adduced at the hearing and included within the record supports, or does not support, the finding and determination by the City Official;
Whether or not a violation exists, what Section or provisions of the City Code, Charter, regulations, conditions set by the City, permits or other laws have been violated;
If applicable, whether or not a license, permit or other City issued permission should be suspended or revoked. If a suspension is to take place, the length of the suspension; and
That the decision shall become final if not appealed within thirty (30) days of its issuance by the Hearing Officer.
[R.O. 1996 § 140.050; Ord. No. 4589 § 1, 3-21-2016]
Any decision of the Hearing Officer may be appealed in accordance with the Missouri Administrative Procedures Act contained in Chapter 536, RSMo.
[R.O. 1996 § 140.060; Ord. No. 4589 § 1, 3-21-2016]
After expiration of the judicial review period under Chapter 536, RSMo., unless stayed by a court of competent jurisdiction, the Hearing Officer's decisions, findings, rules, and orders may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. Upon being recorded in the manner required by State law or the uniform commercial code, a lien for the full costs to the City, including the costs of any hearing may be imposed on the real or personal property of any person found to be in violation of a nonmoving, Municipal Code Section by the Hearing Officer and stated in the decision. The amount of any debt due the City under this Section may be enforced in the same manner as a judgment lien under a judgment of a court of competent jurisdiction. The City may also issue a special tax bill to collect costs associated with housing, property maintenance, and nuisance code violations. As authorized by law, the City may also direct that such costs be added to the annual, real-estate taxes for any tract of land involved in the violation.