[Ord. No. 2632, 5-22-2018]
A.
ABATE
CRIMINAL NUISANCE
1.
2.
3.
4.
5.
6.
7.
8.
ENFORCEMENT OFFICER
OWNER
PREMISES
The
following terms shall have the following meanings:
To remove, repair, replace, destroy, or otherwise act to
eradicate the condition(s) causing or constituting a criminal nuisance.
A continuing occurrence of more than one (1) of the following
acts or physical conditions on a premises within twelve (12) months:
The illegal sale, manufacture, storing, possession, distribution,
or use of narcotics or other controlled substances or precursors;
The illegal sale, manufacture, storing, possession, distribution,
or use of drug paraphernalia or precursors;
The illegal sale, storing, possession, use, or distribution
of firearms, weapons or explosive devices;
Prostitution;
Illegal gambling;
The illegal sale, distribution, or consumption of alcoholic
beverages;
The violation of municipal, State, or Federal business licensing
regulations; or
Any other condition or activity prohibited by the City Code
or by State or Federal law and which is injurious or detrimental to
the health, safety, welfare, or convenience of the inhabitants of
the City.
The Building Commissioner or other City officer designated
to enforce this Article.
The person or entity who owns, occupies, or has the care,
custody, or control of premises used as a criminal nuisance.
Any parcel of real property, any building or structure located
on real property, any personal property, such as a car, trailer, camper,
etc., and any portion of the public way that abuts or supports such
premises used as a criminal nuisance.
[Ord. No. 2632, 5-22-2018]
A.
No owner shall fail to abate a criminal nuisance on any premises after notice as provided herein. Any person convicted of violating this Section shall be subject to punishment as provided in Section 100.180 of this Code.
B.
Whenever
a criminal nuisance exists on any premises, the Enforcement Officer
shall provide written notice as provided herein.
1.
The notice shall be sent via First Class United States Mail to the
last known address of the owner of the property causing the nuisance
or on which the nuisance is located.
2.
Personal service shall also be attempted on any owner residing or
present at the property causing the nuisance or on which the nuisance
is located.
3.
A copy of the notice shall also be posted in a prominent place on
the premises.
4.
The effective date of the notice shall be the date of personally
delivery, or lacking same, three (3) days following the date of mailing.
C.
The
notice shall:
1.
Be accompanied by a copy of this Article;
2.
Identify the activities or conditions constituting the nuisance;
3.
Direct the owner to immediately abate the nuisance;
4.
Inform the owner that any recurrence of the nuisance so specified
or any occurrence of another criminal nuisance on the premises within
the next following twelve (12) months may lead to Municipal Court
prosecution and administrative enforcement under this Section; and
5.
Provide the owner with a reasonable opportunity to meet with a City
representative to discuss the nuisance and the need for abatement
measures.
[Ord. No. 2632, 5-22-2018]
A.
If
additional criminal nuisance activity occurs on the noticed premises
within twelve (12) months of the date of the notice, the City Manager
or the Manager's designee may hold an administrative hearing to determine
and declare the nuisance and to ensure its abatement. Administrative
enforcement may be pursued in addition to or in lieu of criminal prosecution.
B.
The City Manager shall deliver a written notice of hearing to the owner, not later than thirty (30) days prior to the hearing date, as provided in Section 220.110(B)(1). The notice shall:
1.
Be accompanied by a copy of this Article;
2.
Identify the activities or conditions constituting the nuisance;
3.
Direct the owner to immediately abate the nuisance; and
4.
Provide the owner with a reasonable opportunity to meet with a City
representative to discuss the nuisance, the need for abatement, and
the hearing.
C.
The
City Manager or the manager's designee shall serve as Hearing Officer
and shall be represented by the City Attorney. The Hearing Officer
may grant continuances on application and a finding of good cause
and may issue subpoenas to secure the attendance and testimony of
relevant witnesses and the production of relevant documents.
D.
The
hearing shall be conducted as follows:
1.
The Hearing Officer shall: (a) take all testimony under oath or affirmation,
(b) ensure that the hearing is recorded, whether by tape recording,
digital recording, or a court reporter, and (c) conduct the hearing
in accord with Section 536.070 of the Revised Statutes of Missouri
with regard to the rules of evidence, objections, witnesses, judicial
notice, affidavits as evidence, and the transcript requirements of
the hearing;
2.
The case for the City shall be presented by the prosecuting attorney,
and the City shall prove, by a preponderance of the evidence, that
criminal nuisance activity as defined herein has occurred and has
recurred on the noticed premises within twelve (12) months of the
date of the original notice;
3.
Proof of a germane conviction for the violation of this Article shall
be prima facie evidence of the occurrence or recurrence of criminal
nuisance activity;
4.
The owner may appear and be represented by an attorney, who shall
file a written appearance with the Hearing Officer, and the owner
may offer evidence and cross-examine the City's witnesses;
5.
The owner shall have the opportunity to: (a) contest the occurrence
and recurrence of the criminal nuisance, (b) show cause as to why,
if a nuisance is found, administrative enforcement is not otherwise
necessary or appropriate, (c) submit evidence or argument concerning
possible administrative remedies, and the severity and extent thereof,
if a nuisance is found, and (d) offer such further evidence and argument
as may be relevant to the proceedings.
E.
On
conclusion of a hearing, the Hearing Officer shall issue findings
of fact, conclusions of law and an order setting forth the Hearing
Officer's determination.
1.
If the Hearing Officer finds that the City has failed to carry its
burden of proof on whether criminal nuisance activity has occurred
or recurred, there shall be no administrative enforcement.
2.
If the Hearing Officer finds that criminal nuisance activity has
occurred and recurred, the Hearing Officer shall require that the
owner implement reasonable measures designed to prevent the recurrence
of the nuisance activity. Those measures, may include, but are not
limited to, making security improvements to the premises, hiring of
licensed and insured security personnel, appointment of a receiver,
the initiation and execution of eviction proceedings against tenants
or occupants who engaged in the nuisance behavior, or the closing
and boarding of the premises for a period not to exceed one (1) year.
3.
The Hearing Officer's order shall inform the owner of the right to
seek judicial review as provided in Sections 536.100 to 536.140 of
the Revised Statutes of Missouri.
4.
The City shall maintain a record of all criminal nuisance hearings,
which shall include: (a) the recording of the testimony presented
at the hearing, (b) all exhibits submitted as evidence at the hearing,
and (c) a copy of the findings of fact, conclusions of law and order.
F.
If
the Hearing Officer determines that a nuisance exists and orders that
the abatement of the nuisance requires closure of the subject premises,
the following shall apply:
1.
If the premises is occupied at the time of the order of closure, the building shall be deemed a nuisance, condemned and vacated. It is unlawful for any person to occupy or use any premises ordered to be closed under this Article, and any person convicted of violating this Section shall be subject to punishment as provided in Section 100.180 of this Code.
2.
Prior to any re-occupancy, the premises shall be inspected by all
germane City, State and Federal inspectors, and the premises shall
be in compliance with all applicable City, State and Federal health,
safety, property maintenance and building regulations, including this
Article.
