[R.O. 2012 § 215.110; Ord. No.
1058 §§ 2 — 5, 7-19-1999; Ord. No. 1214 §§ 1
— 2, 8-15-2011]
A. Weeds And Debris Defined. Any condition on any lot or land that has
the presence of debris of any kind is hereby declared to be public
nuisance, subject to abatement. "Debris" includes weed cuttings, cut
and fallen trees and shrubs, overgrown vegetation and noxious weeds
which are seven (7) inches or more in height, rubbish and trash, lumber
not piled or stacked twelve (12) inches off the ground, rocks or bricks,
tin, steel, parts of derelict cars or trucks, broken furniture, and/or
any flammable material. "Weeds" are defined as all grasses, annual
plants and vegetation, other than trees or decorative shrubs, cultivated
flowers, ornamentals, and garden plants. Vegetation harmful or irritating
to the human touch shall be removed, including, but not limited to,
poison ivy, poison oak and poison sumac. The word "debris" also includes
any other material found on any lot or land that is unhealthy or unsafe,
provided:
1.
That it is described in detail in the notice that is required in Section
215.020(B), below; and
2.
That the definition is not challenged by requesting a formal hearing as provided in Section
215.020(C) below.
B. Notice.
1.
Enforcement of this Section shall be the responsibility of the
Property Maintenance Officer or other officer designated by the Mayor.
Enforcement shall commence by providing notice to the owner of the
property of the nuisance condition existing on his/her/its property.
The notice may be delivered by personal service, by certified mail,
or by ordinary mail. [If sent by ordinary mail, there will be a rebuttable
presumption that the letter was delivered five (5) days after the
date it was sent.]
2.
The notice shall generally describe the nature of the nuisance,
the location of the property (using the mailing or popular address
rather than a legal description when reasonably possible to do so),
and ordering the property owner to, within a period of seven (7) days
from the receipt of the notice, abate the nuisance.
C. Hearing. Any property owner or lienholder who wishes to challenge
the order of abatement may do so, provided that within the seven-day
period following receipt of the notice provided in this Section, he/she/it
requests a hearing on the validity of the order, in writing, to the
Property Maintenance Officer, or other officer sending said notice.
If no such request is made within that time period, the order becomes
final and is not subject to challenge elsewhere. If such a request
is made, the hearing shall be conducted by the Municipal Judge or
other officer designated by the Mayor under the following procedures:
1.
The Municipal Judge shall conduct a full and adequate hearing
upon the question of whether the nuisance as described in fact exists.
The Municipal Judge may amend or modify the notice, or extend the
times for compliance with the notice by the owner by such date as
the Municipal Judge in the course of the hearing may determine. The
property owner or lienholder, or their representative or agents, of
the subject property shall be given the opportunity to present evidence
to the Municipal Judge in the course of the hearing.
2.
Should the evidence support a finding that the weeds or debris
described in the notice constitute a nuisance, the Municipal Judge
shall issue an order making specific findings of fact, based upon
competent and substantial evidence, which shows the existence of the
nuisance and ordering the nuisance removed or otherwise abated by
the City.
3.
The Municipal Judge, upon written application by the owner at
any time within the period after the notice has been served, may grant
additional time for the owner to effect the abatement of the nuisance,
provided that such extension is limited to a specific time period.
4.
If the decision of the Municipal Judge is not appealed to the
Circuit Court within thirty (30) days of the date of the mailing of
the decision, the decision shall be declared final in accordance with
Chapter 536, RSMo.
D. Abatement Of Nuisance. If the nuisance is present on the property
seven (7) days after receipt of the notice by the property owner,
the Enforcement Officer shall cause the same to be abated. [The costs
of abatement may include a fee for the City's costs in administering
this Section, which fee shall not exceed one hundred fifty dollars
($150.00).] The enforcement official shall certify the cost of such
abatement to the City Clerk or other officer in charge of finance,
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, and shall be collected in the same manner
and procedure as for collecting real estate taxes.
E. Violation Is An Offense. An owner who fails to remove a nuisance within seven (7) days of being notified to do so by the notice/abatement order described in Section
215.020(A) above shall be guilty of an offense and may (at the option of the City) be charged in Municipal Court with the offense of "failure to abate a nuisance."