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City of Sikeston, MO
Scott County
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Table of Contents
Table of Contents
Code
New Laws (3) Index
[Ord. No. 6016, 4-25-2016]
A. 
Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the Director may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
1. 
The performance of monitoring, analyses and reporting;
2. 
The elimination of illicit connections or discharges;
3. 
That violating discharges, practices, or operations shall cease and desist;
4. 
The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
5. 
Payment of a fine to cover administrative and remediation costs; and
6. 
The implementation of source control or treatment BMPs.
B. 
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the City or a contractor designated by the City and the expense thereof shall be charged to the violator pursuant to Section 701.530 below.
[Ord. No. 6016, 4-25-2016]
Notwithstanding the provisions of Section 701.540 below, any person receiving a Notice of Violation under Section 701.500 above may appeal the determination of the City. The notice of appeal must be received by the City Manager or his designee within ten (10) days from the date of the Notice of Violation. Hearing on the appeal before the City Manager shall take place within thirty (30) days from the date of City's receipt of the notice of appeal. The decision of the City Manager shall be final.
[Ord. No. 6016, 4-25-2016]
If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal under Section 701.510, within thirty (30) days of the decision of the City Manager upholding the decision of the City, then the City or a contractor designated by the City shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above.
[Ord. No. 6016, 4-25-2016]
A. 
Within thirty (30) days after abatement of the nuisance by City, the City shall notify the owner of the property of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the City Manager or his/her designee within fifteen (15) days. The decision of the City Manager shall be final.
B. 
If the amount due is not paid within ten (10) days of the decision of the City Manager or the expiration of the time in which to file an appeal under this Section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the County Assessor so that the assessor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land.
[Ord. No. 6016, 4-25-2016]
The City is authorized to require immediate abatement of any violation of this Chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the City, the City of Sikeston is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the City of Sikeston shall be fully reimbursed by the property owner or responsible party. Any relief obtained under this Section shall not prevent City from seeking other and further relief authorized under this Chapter.
[Ord. No. 6016, 4-25-2016]
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Chapter. A violation of or failure to comply with any of the requirements of this Chapter shall constitute a misdemeanor and shall be punished as set forth in Section 100.230 of the City Code.
[Ord. No. 6016, 4-25-2016]
In lieu of enforcement proceedings, penalties, and remedies authorized by this Chapter, the City may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
[Ord. No. 6016, 4-25-2016]
In addition to the enforcement processes and penalties herein before provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the City at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the City.
[Ord. No. 6016, 4-25-2016]
Any person who violates any provision of this Chapter or any provision of any requirement issued pursuant to this Chapter, may also be in violation of the Clean Water Act and/or the Missouri Clean Water Law and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this Chapter shall also include written notice to the violator of such potential liability.