[Ord. No. 2017-043 § I, 1-20-2017]
The Board of Aldermen finds that public nuisances exist in the
City of Velda Village Hills in the operation of certain establishments
and the use of property in flagrant violation of the penal laws of
the State and related Statutes, all of which substantially and seriously
interfere with the interest of the public in the quality of life and
total community environment, commerce in the City, property values
and the public health, safety and welfare. The Board of Alderman further
finds that many landlords do not adequately screen their tenants,
and some in fact feel that a bad tenant is better than no tenant.
The Board of Alderman further finds that, while existing laws may
be adequate to punish offensive conduct and bring violators into compliance,
said laws are not adequate to abate the nuisances created by multiple
offenders. The Board of Alderman further finds that the continued
occurrence of such activities, violations and attitudes is detrimental
to the health, safety and welfare of the City of Velda Village Hills
and of the business thereof and the visitors thereto. It is the purpose
of this Article to authorize and empower the police to impose sanctions
and penalties for such public nuisances, and such powers may be exercised
either in conjunction with, or apart from, the powers contained in
other laws without prejudice to the use of procedures and remedies
available under such other laws. The Board of Aldermen further finds
that the sanctions and penalties imposed by the police pursuant to
this law constitute an additional and appropriate method of law enforcement
in response to the proliferation of the above-described public nuisances.
The sanctions and penalties are reasonable and necessary in order
to protect the health and safety of the people of the City and to
promote the general welfare.
[Ord. No. 2017-043 § II, 1-20-2017]
A.
For the purposes of this Section, a public nuisance is declared to
exist where:
1.
An arrest for a violation of any provision of State law has
been made within sixty (60) days prior to the issuance of notice pursuant
to this Section, where said arrest has been predicated on events,
circumstances or activities occurring on the premises; and
2.
A violation of State Statute which has resulted in a criminal
conviction within the twelve-month period of time prior to the arrest
required in Subsection(A)(1) above, where said conviction has been
predicated on events, circumstances or activities occurring on the
premises; and
3.
Either one of the following:
a.
A violation of State Statute which has resulted in a felony criminal conviction within the twelve-month period of time prior to the arrest required in Subsection (A)(1) above, where said conviction has been predicated on events, circumstances or activities occurring on the premises; or
b.
Discovery by any Law Enforcement Agency or duly authorized agent thereof, of a quantity and quality of drug or substance on the premises, the amount of which would subject an individual, if prosecuted, to conviction of a felony, which discovery has not led to an arrest or conviction, within the twelve-month period of time prior to the arrest required in Subsection (A)(1) above; or
4.
There exists a series of violations of a designated nuisance offense as those terms are defined in Section 215.060 of this Article which have resulted in a conviction of three (3) or more designated nuisance offenses within the twelve-month period of time, where said convictions have been predicated on events, circumstances or activities occurring or which are a proximate result of such activities occurring on the premises.
[Ord. No. 2017-043 § III, 1-20-2017]
As used in this Article, the following terms shall have the
meanings indicated:
The Board of Aldermen of the City of Velda Village Hills.
Defined and applied in accordance with the provisions of
the Revised Statutes of Missouri criminal law of the State of Missouri.
The City Attorney of the City of Velda Village Hills.
Any violation of any criminal law of the State of Missouri,
including, but not limited to, assault, homicide, sex offenses, burglary,
arson, larceny, robbery, other offenses related to theft, forgery,
gambling offenses, prostitution offenses, obscenity, controlled substance
offenses, and offenses involving marijuana. In addition, the following
acts and conditions are deemed to be public nuisances:
The conducting of engaging in business at premises within the
City of Velda Village Hills for the substantial or principal purpose
of vending or trading in sexually obscene materials, at wholesale
or retail, or the giving of sexually obscene live exhibitions or performances,
as defined in and prohibited by the laws of the State of Missouri;
Any building, house, room or other structure maintained or used
for the purposes of lewdness, assignation or prostitution;
All vacant, unused, or unoccupied buildings or structures within
the City which are allowed to become or remain open to entrance by
unauthorized persons or the general public because of broken, missing
or open windows, doors, or other openings, so that the same may be
used by any individual in a manner detrimental to the safety and welfare
of the inhabitants of the City;
Any room, building, structure or portion thereof which is used
for the use, possession, or sale of any controlled substance which
is prohibited by Federal or State Statute or City ordinances;
Any building, structure or lot within a residential district
which is used for the purpose of operating an unlicensed business
repairing motor vehicles.
The person who is listed as the mortgagee on any unsatisfied
or otherwise open mortgage recorded in the St. Louis County Recorder
of Deeds Office.
The person in whose name the real estate affected by the
order is recorded as the owner in the office of the St. Louis County
Recorder of Deeds.
The building, place or real property whereon the public nuisance
is being conducted or exists.
[Ord. No. 2017-043 § IV, 1-20-2017]
A.
In addition to the enforcement procedures established elsewhere,
the police, after notice and opportunity for a hearing in front of
the City Court Judge, shall be authorized to seek from the City Court
Judge:
[Ord. No. 2017-043 § V, 1-20-2017]
A.
The police shall give notice and opportunity for a hearing to the
owner, lessor, lessee, agent and all the persons in possession or
having charge of the premises wherein the public nuisance is being
conducted, maintained or permitted. Such notice shall be served upon
an owner by certified mail and/or posting on the property where the
nuisance exist, and upon a mortgagee by means of certified mail, return
receipt requested sent to the mortgagee's last known address, provided
that any service other than delivery to the person to be served shall
be complete immediately upon delivery, mailing or posting without
the necessity of filing of proof of service with the clerk of any
court before the hearing.
B.
Such notice shall:
1.
Specify the activities creating the nuisance;
2.
Provide thirty (30) days for elimination of the nuisance (moving
the nuisance to another premises owned by the owner does not constitute
elimination);
3.
Inform the person to whom it is directed of his/her right to
apply within ten (10) days for a hearing before the City of Velda
Village Hills City Court Judge;
4.
Inform the owner/landlord that upon the expiration of thirty
(30) days after service with no hearing, or upon non-compliance with
any written agreement reached at the hearing before the court, the
police shall act to obtain compliance as provided by this Article;
5.
Inform the owner/landlord of his/her obligation to post a copy
of the notice within five (5) days in a conspicuous place so that
all occupants entering the premises shall have notice that the public
nuisance is being conducted, maintained or permitted on the premises
and that upon thirty (30) days after service of the notice, the City
Court may direct the police to act to obtain compliance as provided,
including, but not limited to, the closing of the premises.
[Ord. No. 2017-043 § VI, 1-20-2017]
A.
The burden of proof shall be upon the City to prove the existence of a nuisance as defined in Section 215.050 by a preponderance of the evidence.
B.
The owner/landlord has no obligation to offer any evidence at the
hearing but may do so.
C.
The hearing shall be conducted under the standard rules of evidence.
[Ord. No. 2017-043 § VII, 1-20-2017]
The lack of knowledge of, acquiescence or participation in or
responsibility for a public nuisance on the part of the owners, lessors,
lessees, mortgagees and all those persons in possession or having
charge of as agent or otherwise, or having interest in the premises
or personal property used in conducting or maintaining the public
nuisance shall not be a defense by such owners, lessors and lessees,
mortgagees and such other persons.
[Ord. No. 2017-043 § VIII, 1-20-2017]
If the City Court grants one (1) or both of the orders contemplated in Section 215.070 of this Article, then the police shall post said orders(s) on the premises wherein the public nuisance is occurring in violation of law and mail a copy of said order(s) within one (1) business day of the posting of said order(s) on the premises to the parties identified in Section 215.080(A). A copy of said order(s) will also be filed with the City Clerk and made available for public inspection.
[Ord. No. 2017-043 § IX, 1-20-2017]
A.
Five (5) business days after the issuance of an order(s) pursuant to Section 215.070 and upon the directive of the court, officers of the City of Velda Village Hills Police Department are authorized to act upon and enforce such orders(s).
B.
Where the court closes a premises pursuant to this Chapter, such
closing shall be for such a period as the court may direct, but in
no event shall the closing be for a period of more than one (1) year
from such issuance of the order pursuant to this Chapter. If the owner,
lessor, and/or lessee shall file a bond in an amount determined by
the court, but which may not exceed the value of the premises ordered
to be closed, and submit proof satisfactory to the court that the
nuisance has been abated and will not be created, maintained or permitted
for such period of time as the premises has been directed to be closed
by the order of the court, then the court may vacate the provisions
of the order that directed the closing of the premises.
C.
Upon receiving a nuisance case from the police, the corporation counsel
shall maintain a special proceeding against the owner of the premises
to affix a civil penalty in the amount of five hundred dollars ($500.00),
and to collect any cost and expenses incurred by the City of Velda
Village Hills in commencing the proceeding, closing the premises,
and in relocating any occupants of the premises.
[Ord. No. 2017-043 § X, 1-20-2017]
A closing directed by the court pursuant to this Chapter shall
not constitute an act of possession, ownership or control by the City
of the closed premises.
[Ord. No. 2017-043 § XI, 1-20-2017]
A.
It shall be an ordinance violation for any person to use or occupy
or to permit any other person to use or occupy any premises, or portion
thereof, ordered closed by the court.
B.
Mutilation or removal of an order posted by the police shall be a
violation punishable by a fine of not more than two hundred fifty
dollars ($250.00) or by imprisonment not exceeding fifteen (15) days,
or both, provided such order contained therein a notice of such penalty.
C.
Intentional disobedience or resistance to any provision of the orders
issued by the court pursuant to this Section, in addition to any other
punishment prescribed by law, shall be an ordinance violation punishable
by a fine of not more than five hundred dollars ($500.00) or by imprisonment
not to exceed six (6) months, or both.
[Ord. No. 2017-043 § XII, 1-20-2017]
The police may promulgate rules and regulations to carry out
and give full effect to the provisions of this Section.
[Ord. No. 2017-043 § XIII, 1-20-2017]
No officer, agent or employee of the City of Velda Village Hills,
Missouri, shall be personally liable for any damage resulting from
any official determination, order or action required or permitted
to discharge his/her duties under this Article.
