[Ord. No. 333, 1-4-2019]
Whenever complaint or request for inspection is made within
the City the Building Inspector, shall forthwith inspect or cause
to be inspected the premises, location, or area and make a report
of the findings. Whenever practicable or necessary, the inspecting
officer may photograph the area or location and file a report with
the City
[Ord. No. 333, 1-4-2019]
A.
The City Official shall determine all individuals, firms or corporations who, from the records in the Recorder of Deeds' office or other official records appear to be the titled owners of the aforesaid property and or person(s) identified responsible for the nuisance(s) as outlined in Article IV and immediately cause notice to be served on each such individual, firm or corporation by one (1) of the following methods:
1.
Leaving a copy of the notice at the usual place of residence or business
of such owner, renter, lesser or address of such owner shown in the
Recorder's records; or
2.
Mailing a copy to such owner, renter or lesser at such place or address
by United States Mail, certified return receipt or first class mail.
If mailed non-certified the presumption will be made the recipient
received the notice within five (5) business days; or
3.
By personal service written or verbal advising to person(s) to abate
such nuisances(s) in the time frame allotted by the City Official.
If service of such notice is unable to be perfected by any of the
methods described above, the City Official shall direct the City Clerk
to cause a copy of the aforesaid notice to be published in a newspaper
of general circulation in the City, once a week for two (2) consecutive
weeks, and the City Official shall further cause a copy of the aforesaid
notice to be left with the individual, if any, in possession of such
property or vehicle on which it is alleged such public nuisance exists,
or if there is no individual in possession thereof, the City Official
shall cause a copy of the notice to be posted at such structure, location
or premises. The City Official shall also determine from the Recorder
of Deeds' office who the lien holder of the property, if any, as documented
therein, is and cause a written notice to be served on such lien holder
by United States certified mail return receipt or by personal service.
[Ord. No. 333, 1-4-2019]
A.
The
aforesaid notice written or verbal to the owners, lesser, tenants
any other person(s) or organization responsible to abate the nuisance
and lien holder, if any, of the property, vehicle or nuisance shall
state clearly and concisely:
1.
The street address, legal description if applicable or location of
the property, vehicle or nuisance.
2.
A description of the condition or conditions alleged to constitute
a public nuisance or violation of this Chapter; Photos, videos, audio
or other documents may be used for clarification purposes.
3.
Amount of time for the abatement to commence based upon the circumstances of the nuisance; The City Official shall have latitude in determining this based upon the alleged nuisance, violation or conditions (Immediately to thirty (30) days or as specified by section Article IV of this Chapter).
4.
The City Official in addition to or at the discretion of may also
request a hearing regarding the nuisance and abatement thereof within
thirty (30) days of the notice; The hearing may be with the property
owner, renter, lesser, person having legal interests in said property
and/or Board of Aldermen to determine a plan for abatement and the
amount of time necessary.
5.
That the hearing may be held without the presence of any owner, lien
holder, occupant or representative.
[Ord. No. 333, 1-4-2019]
[Ord. No. 333, 1-4-2019]
Any person who is the record owner, renter, tenant, lesser,
driver, occupant, or person(s) involved in the action of the nuisance,
premises, location, structure or vehicle at the time an order pursuant
to this Chapter is issued and served upon him/her, shall be responsible
for complying with that order and liable for any costs incurred by
the City therewith, notwithstanding the fact that he/she/they convey
interests in the property to another after such order was issued and
served.
[Ord. No. 333, 1-4-2019]
If determined that a nuisance or condition exists and that there is a great and immediate danger to the public health, safety, peace, morals and decency or as outlined in Article IV, the Chief of Police or designee will serve notice to abate or cease, if the owner cannot be located, then the occupant or person(s) causing, permitting or maintaining such nuisance will be notified to abate the nuisance. The official may advise verbally, with written warning, post a copy of said notice on the premises or any combination. Such notice shall direct the owner, occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within the time specified or charged with failure to abate a nuisance.
[Ord. No. 333, 1-4-2019]
If the nuisance is not abated with the time provided or if the
owner, occupant or person causing the nuisance cannot be found, the
Building Inspector, or the Chief of Police his/her designee in other
cases, may cause the abatement or removal of such public nuisance
according to law and charged to the responsible party.
[Ord. No. 333, 1-4-2019]
If the inspecting officer shall determine that a public nuisance
exists on private premises but that the nature of such nuisance is
not such as to threaten great and immediate danger to the public health,
safety, peace, morals or decency, a written report of the findings
may be filed with the Circuit Court of Montgomery County Division
II to include notice and time allowed for abatement.
[Ord. No. 333, 1-4-2019]
Nothing in this Chapter shall prohibit the abatement of public
nuisances by the City or its officials in accordance with the laws
of the State of Missouri.
[Ord. No. 333, 1-4-2019]
In addition to any other penalty for the erection, contrivance,
creation, continuance or maintenance of a public nuisance, the cost
of abating a public nuisance by the City shall be collected as a debt
from the owner, occupant or person causing, permitting or maintaining
the nuisance, and if notice to abate the nuisance has been given to
the owner, such cost shall be assessed against the real estate as
other special taxes or costs.
