[Ord. No. 696, § 1, 11-16-1999; Ord. No. 1017, 5-17-2016; Ord. No.
1026, 1-3-2017]
(a)
Notice and hearing. Whenever the City Administrator or his duly authorized
representatives determine that any act or thing is a nuisance except
as provided in this article, he shall cause written notice to be served
on the person creating or maintaining such nuisance or the person
in custody of such nuisance. The notice shall state that the act or
thing is deemed to constitute such act or thing a nuisance within
the terms of this chapter and shall state that a hearing shall be
held before the City Administrator or his duly authorized representatives
not less than 10 days after the date of the notice to show cause why
the person should not abate the nuisance. At such hearing any party
may be represented by counsel and all parties shall have an opportunity
to be heard.
(b)
Order. After the required hearing, if the evidence supports a finding
that an act or thing is a nuisance or is detrimental to the health,
safety or welfare of the residents of the City, the City Administrator
or his duly authorized representatives shall issue an order making
specific findings of fact based upon competent and substantial evidence,
which shows the act or things to be a nuisance and ordering the person
to abate the nuisance within five days or within such other time as
the City Administrator or his duly authorized representatives may
deem reasonable. The order may further provide that the appropriate
City official is directed to abate the nuisance if the order is not
obeyed within the time period set out.
(c)
Abatement. If the order has not been obeyed within the time period
set, the appropriate City official shall proceed to abate the nuisance
in the manner provided by the order and the cost of the same may be
assessed against the property or placed on the real property tax bill
with the county collector. This bill shall include the costs of abatement
and any fees for use or damage to City equipment used to abate the
nuisance property. The special tax bill from the date of its issuance
shall be a first lien upon the property until paid and shall be prima
facie evidence of the recitals therein and of its validity.
[Ord. No. 696, § 1, 11-16-1999; Ord. No. 755, § 1, 3-5-2002; Ord. No. 1017, 5-17-2016]
(a)
All notices required herein of the existence of a nuisance or of
a hearing to determine whether a nuisance exists or to abate a nuisance,
unless a different method is specifically provided herein, shall be
in writing and shall be served upon the person and/or property owner
creating or maintaining or having custody of a nuisance either in
person as provided by the laws of the state or by certified mail,
return receipt required. If service cannot be had by either of these
modes of service, the notice shall be published in a daily newspaper
of general circulation for at least one week, or if there is no daily
newspaper of general circulation, once in a newspaper of general circulation;
if there is no daily newspaper of general circulation in the county
where the nuisance is located. If such notice is published, no further
action shall be taken until at least 10 days from the date of the
final publication.
(b)
The City Administrator or his duly authorized agent is authorized,
but not required, to post notice of the existence of a nuisance or
of a hearing to determine whether a nuisance exists or to abate a
nuisance in a conspicuous place on the nuisance itself or upon the
property upon which the nuisance is located. Removal, destruction
or defacing any such posted notice is deemed to be destruction of
City property for which violators will be prosecuted.
[Ord. No. 696, § 1, 11-16-1999; Ord. No. 1017, 5-17-2016]
Any person receiving a notice as provided in this article for
the abatement of a nuisance shall immediately comply with the provisions
of the notice requiring abatement.
[Ord. No. 696, § 1, 11-16-1999; Ord. No. 1017, 5-17-2016]
The City shall be authorized to contract with one or more independent
contractor or contractors, who will perform the duties imposed upon
the City herein for the abatement of nuisances specifically including
the transportation, storage and sale of vehicles and junk, the demolition
and repair of buildings and structures, the cutting of weeds and the
abatement of other nuisances; provided, however, that the City shall
not be relieved of its duty to provide such notices and hearing as
may be required in this article. The City shall contract with such
independent contractors with the best bid after advertising for and
receiving bids. If the City enters into such a contract, the City
shall not be liable for the acts of the independent contractor or
its agents.
[Ord. No. 696, § 1, 11-16-1999; Ord. No. 1017, 5-17-2016]
Where it reasonably appears that there is an immediate danger
to the health, safety or welfare of any person due to the existence
of a nuisance, the City Administrator or his duly authorized representatives
shall have the authority to take such emergency measures as may be
reasonably necessary to abate the nuisance or to render it temporarily
safe.
[Ord. No. 696, § 1, 11-16-1999; Ord. No. 1017, 5-17-2016]
Any person aggrieved by any final order or action pursuant to
the provisions of this article shall have the right to appeal to the
circuit court of the county provided that written notice of such appeal
is served upon the City specifically listing the grounds for such
appeal within 30 days from such final order or action of the City.
[Ord. No. 696, § 1, 11-16-1999; Ord. No. 1007, 8-18-2015; Ord. No.
1017, 5-17-2016]
(a)
Prohibitions.
(1)
Abandoned property prohibited. No person shall abandon any vehicle
or property on the right-of-way of any public road or state highway
or on any private or real property owned by another without his consent.
(2)
Open storage of damaged or disabled vehicles or public safety
hazards prohibited. The open storage of damaged or disabled vehicles
or other vehicles deemed by the City to constitute a nuisance or public
safety hazard is prohibited. Nothing in this subsection shall apply
to a vehicle which is completely enclosed within a locked building
or locked fenced area and not visible from adjacent public or private
property, nor to any vehicle upon the property of a business licensed
as salvage, swap, junk dealer, towing or storage facility so long
as the business is operated in compliance with its business license
and the property is in compliance with applicable zoning ordinances.
(3)
Obstructing the flow of traffic prohibited. Except in the case
of an accident resulting in the injury or death of any person, the
driver of a vehicle which for any reason obstructs the regular flow
of traffic on the roadway of any public road or state highway shall
make every reasonable effort to move the vehicle or have it moved
so as not to block the regular flow of traffic. Any person who fails
to comply with the requirements of this section is guilty of an ordinance
violation and, upon conviction thereof, shall be punished by a fine
of not less than $10 nor more than $50.
(4)
Dumpsters and refuse containers must be maintained for the safety and well being of the City and its citizens. Trash, debris or junk must not exceed the top level of the dumpster or container and must not be visible to the public. Violation of this article is punishable in accordance with 16-4. Pursuant to Section 16-4, property owners and/or non-owner occupants may also be charged with violations of the provisions of this section for "failure to abate a nuisance" in the municipal court, and if found guilty to or if a guilty plea is entered, may be fined according to the schedules set forth in Section 16-4.
(b)
Towing of abandoned property on public real property.
(1)
Any law enforcement officer, or the City Administrator or his
duly authorized representatives where the City's real property is
concerned, may authorize a towing company to remove to a place of
safety:
a.
Any abandoned property on the right-of-way of any state highway,
or interstate highway or freeway left unattended for more than 48
hours; provided that commercial motor vehicles not hauling waste designated
as hazardous under 49 USC 5103(a) may only be removed under this section
to a place of safety until the owner or owner's representative has
had a reasonable opportunity to contact a towing company of choice;
b.
Any unattended abandoned property illegally left standing upon
any highway or bridge if the abandoned property is left in a position
or under such circumstances as to obstruct the normal movement of
traffic where there is no reasonable indication that the person in
control of the property is arranging for its immediate control or
removal;
c.
Any abandoned property which has been abandoned under Subsection
(a)(1) above or RSMo 577.080;
d.
Any abandoned property which has been reported as stolen or
taken without consent of the owner;
e.
Any abandoned property for which the person operating such property
is arrested for an alleged offense for which the officer is required
to take the person into custody and where such person is unable to
arrange for the property's timely removal;
f.
Any abandoned property which due to any other state law or City
ordinance is subject to towing because of the owners' outstanding
traffic or parking violations;
g.
Any abandoned property left unattended in violation of a state
law or City ordinance where signs have been posted giving notice of
the law or where the violation causes a safety hazard.
(2)
When the City police department authorizes a tow pursuant to
this section in which the abandoned property is moved from the immediate
vicinity it shall complete a crime inquiry and inspection report.
(3)
Any City agency other than the City police department authorizing
a tow under this section where property is towed away from the immediate
vicinity shall report the tow to the City police department within
two hours of the tow, along with a crime inquiry and inspection report.
(4)
Neither the City police officer, City official nor anyone having
custody of abandoned property under his direction shall be liable
for any damage to such abandoned property occasioned by a removal
authorized by this section, other than damages occasioned by negligence
or by willful or wanton acts or omissions.
(c)
Towing of abandoned property on private real property.
(1)
Generally. The City, including the City police department, may tow motor vehicles from private real property which are deemed a public nuisance or safety hazard pursuant to §§ 16-32(a)(1), 16-32(a)(2), or are derelict, junk, scrapped, disassembled, or otherwise harmful to the public health, once the City has complied with all applicable provisions of §§ 16-1 through 16-31. The City shall perform such tow pursuant to the terms of Subsection (c) and (d) of this section. When a City agency other than the police department authorizes a tow under this subsection, it shall report the tow to the police department within two hours with a crime inquiry and inspection report.
(2)
Towing authorized by City police department. If a person abandons
property on any real property owned by another without the consent
of the owner or person in possession of the real property, at the
request of the person in possession of the real property, any City
police officer may authorize a towing company to remove such abandoned
property from the property in the following circumstances:
(3)
Towing authorized by real property owner, lessee, or property
or security manager.
a.
The owner of real property or lessee in lawful possession of
the real property or the property or security manager of the real
property may authorize a towing company to remove abandoned property
or property parked in a restricted or assigned area without authorization
by a law enforcement officer only when the owner, lessee or property
or security manager of the real property is present. A property or
security manager must be a full-time employee of a business entity.
An authorization to tow pursuant to this subsection may be made only
under any of the following circumstances:
1.
Sign. There is displayed, in plain view at all entrances to
the property, a sign not less than 17 inches by 22 inches in size,
with lettering not less than one inch in height, prohibiting public
parking and indicating that unauthorized abandoned property or property
parked in a restricted or assigned area will be removed at the owner's
expense, disclosing the maximum fee for all charges related to towing
and storage, and containing the telephone number of the local traffic
law enforcement agency where information can be obtained or a twenty-four-hour
staffed emergency information telephone number by which the owner
of the abandoned property or property parked in a restricted or assigned
area may call to receive information regarding the location of such
owner's property;
2.
Unattended on owner-occupied residential property. The abandoned
property is left unattended on owner-occupied residential property
with four residential units or less and the owner, lessee, or agent
of the real property in lawful possession has notified the City police
department and 10 hours have elapsed since that notification; or
3.
Unattended on other private real property. The abandoned property
is left unattended on private real property, and the owner, lessee
or agent of the real property in lawful possession of real property
has notified the City police department, and 96 hours have elapsed
since that notification.
b.
Pursuant to this section, any owner or lessee in lawful possession
of real property that requests a towing company to tow abandoned property
without authorization from a City police officer shall at that time
complete an abandoned property report which shall be considered a
legal declaration subject to criminal penalty pursuant to RSMo 575.060.
The report shall be in the form designed, printed and distributed
by the Missouri Director of Revenue and shall contain the following:
1.
The year, model, make and abandoned property identification
number of the property, and the owner and any lienholders, if known;
2.
A description of any damage to the abandoned property noted
by owner, lessee or property or security manager in possession of
the real property;
3.
The license plate or registration number and the state of issuance,
if available;
4.
The physical location of the property and the reason for requesting
the property to be towed;
5.
The date the report is completed;
6.
The printed name, address and telephone number of the owner,
lessee or property or security manager in possession of the real property;
7.
The towing company's name and address;
8.
The signature of the towing operator;
9.
The signature of the owner, lessee or property or security manager
attesting to the facts that the property has been abandoned for the
time required by this section and that all statements on the report
are true and correct to the best of the person's knowledge and belief
and that the person is subject to the penalties for making false statements;
10.
Space for the name of the law enforcement agency notified of
the towing of abandoned property and for the signature of the law
enforcement official receiving the report; and
11.
Any additional information the director of revenue deems appropriate.
c.
Any towing company which tows abandoned property without authorization
from the City police department pursuant to Subsection (c)(3) of this
section shall deliver a copy of the abandoned property report to the
City police department. The copy may be produced and sent by facsimile
machine or other device which produces a near exact likeness of the
print and signatures required, but only if the City police department
has the technological capability of receiving such copy and has registered
the towing company for such purpose; provided, however, towing companies
are not required to be registered for such purposes with the City
police department so long as the City is located either within a third
or fourth class county. The report shall be delivered within two hours
if the tow was made from a signed location pursuant to Subsection
(c)(3)a1 of this section, otherwise the report shall be delivered
within 24 hours.
d.
The City police department, after receiving such abandoned property
report, shall record the date on which the abandoned property report
is filed with the police department and shall promptly make an inquiry
into the national crime information center (NCIC) and any statewide
Missouri law enforcement computer system to determine if the abandoned
property has been reported as stolen. The police department shall
enter the information pertaining to the towed property into the statewide
law enforcement computer system and a police officer shall sign the
abandoned property report and provide the towing company with a signed
copy.
e.
The City police department, after receiving notification that
abandoned property has been towed by a towing company, shall search
the records of the state department of revenue and provide the towing
company with the latest owner and lienholder information on the abandoned
property. If the abandoned property is not claimed within 10 working
days, the towing company shall send a copy of the abandoned property
report signed by a law enforcement officer to the department of revenue.
f.
No owner, lessee, or property or security manager of real property
shall knowingly authorize the removal of abandoned property in violation
of this section.
g.
Any owner of any private real property causing the removal of
abandoned property from that real property shall state the grounds
for the removal of the abandoned property if requested by the registered
owner of that abandoned property. Any towing company that lawfully
removes abandoned property from private property with the written
authorization of the property owner or the property owner's agent
who is present at the time of removal shall not be held responsible
in any situation relating to the validity of the removal. Any towing
company that removes abandoned property at the direction of the landowner
shall be responsible for:
(4)
Damage to property. The owner of abandoned property removed
from private real property may recover for any damage to the property
resulting from any act of any person causing the removal of, or removing,
the abandoned property.
(5)
Real property owner liability. Any owner of any private real property causing the removal of abandoned property parked on that property is liable to the owner of the abandoned property for double the storage or towing charges whenever there has been a failure to comply with the requirements of Section 16-32.
(6)
Written authorization required; delegation of authority to tow.
a.
Except for the removal of abandoned property authorized by the
City police department pursuant to this section, a towing company
shall not remove or commence the removal of abandoned property from
private real property without first obtaining written authorization
from the real property owner. All written authorizations shall be
maintained for at least one year by the towing company.
b.
General authorization to remove or commence removal of abandoned
property at the towing company's discretion shall not be delegated
to a towing company or its affiliates except in the case of abandoned
property unlawfully parked within 15 feet of a fire hydrant or in
a fire lane designated by a fire department or the state fire marshal.
(7)
Towing company liability. Any towing company, or any affiliate
of a towing company, which removes, or commences removal of, abandoned
property from private property without first obtaining written authorization
from the property owner or lessee, or any employee or agent thereof,
who is present at the time of removal or commencement of the removal,
except as permitted in Subsection (c)(6) of this section, is liable
to the owner of the property for four times the amount of the towing
and storage charges, in addition to any applicable ordinance violation
penalty, for a violation of this section.
(8)
City official not liable for damage. Neither the City police
officer, City official nor anyone having custody of abandoned property
under his direction shall be liable for any damage to such abandoned
property occasioned by a removal authorized by this section other
than damages occasioned by negligence or by willful or wanton acts
or omissions.
(d)
General provisions and procedures.
(1)
Notice to owner.
a.
Notice as to the removal of any abandoned property pursuant to Section 16-32 shall be made in writing within five working days to the registered owner and any lienholder of the fact of the removal, the grounds for the removal, and the place to which the property has been removed by either:
b.
If the abandoned property is stored in any storage facility,
a copy of the notice shall be given to the operator of the facility.
The notice provided for in this section shall include the amount of
mileage if available shown on the abandoned property at the time of
removal.
(2)
Payment of charges. The owner of abandoned property removed as provided in Section 16-32 shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in § 16-32(e).
a.
Crime inquiry and inspection report. Upon the towing of any abandoned property pursuant to § 16-32(b) or under authority of a City police officer or City Administrator or his duly appointed representatives pursuant to § 16-32(c), the City police department, where it authorized such towing or was properly notified by another government agency of such towing, shall promptly make an inquiry with the national crime information center (NCIC) and any statewide law enforcement computer system to determine if the abandoned property has been reported as stolen and shall enter the information pertaining to the towed property into the statewide law enforcement computer system. One copy of the crime inquiry and inspection report shall remain with the agency which authorized the tow. One copy shall be provided to and retained by the storage facility and one copy shall be retained by the towing facility in an accessible format in the business records for a period of three years from the date of the tow or removal.
b.
If the abandoned property is not claimed within 10 working days
of the towing, the City police department shall submit a crime inquiry
and inspection report to the state director of revenue. A towing company
in possession of abandoned property after 10 working days shall report
such fact to the City police department. The crime inquiry and inspection
report shall be designed by the director of revenue and shall include
the following:
1.
The year, model, make and property identification number of
the property and the owner and any lienholders, if known;
2.
A description of any damage to the property noted by the law
enforcement officer authorizing the tow;
3.
The license plate or registration number and the state of issuance,
if available;
4.
The storage location of the towed property;
5.
The name, telephone number and address of the towing company;
6.
The date, place and reason for the towing of the abandoned property;
7.
The date of the inquiry of the national crime information center,
any statewide law enforcement computer system, and any other similar
system which has titling and registration information to determine
if the abandoned property had been stolen. This information shall
be entered only by the City police department;
8.
The signature and printed name of the officer authorizing the
tow and the towing operator; and
9.
Any additional information the director of revenue deems appropriate.
(3)
Reclaiming property. The owner of such abandoned property, or
the holder of a valid security interest of record, may reclaim it
from the towing company upon proof of ownership or valid security
interest of record and payment of all reasonable charges for the towing
and storage of the abandoned property.
(4)
Lienholder repossession. If a lienholder repossesses any motor
vehicle, trailer, all-terrain vehicle, outboard motor or vessel without
the knowledge or cooperation of the owner, then the repossessor shall
notify the City police department within two hours of the repossession
and shall further provide the police department with any additional
information the police department deems appropriate. The City police
department shall make an inquiry with the national crime information
center and the statewide law enforcement computer system and shall
enter the repossessed vehicle into the statewide law enforcement computer
system.
(5)
Lien.
a.
Any person who removes abandoned property at the direction of a law enforcement officer or an officer of a government agency where that agency's real property is concerned as provided in Section 16-32 shall have a lien for all reasonable charges for the towing and storage of the abandoned property until possession of the abandoned property is voluntarily relinquished to the owner of the abandoned property or to the holder of a valid security interest of record. Any personal property within the abandoned property need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that any medication prescribed by a physician shall be released to the owner thereof upon request. The company holding or storing the abandoned property shall either release the personal property to the owner of the abandoned property or allow the owner to inspect the property and provide an itemized receipt for the contents. The company holding or storing the property shall be strictly liable for the condition and safe return of the personal property. Such lien shall be enforced in the manner provided under RSMo 304.156, and Subsections (d)(6) and (d)(9) of this section.
b.
Thirty days after the notification form has been mailed to the
abandoned property owner and holder of a security agreement pursuant
to Subsection (d)(7) of this section and the property is unredeemed
and no satisfactory arrangement has been made with the lienholder
in possession for continued storage, and the owner or holder of a
security agreement has not requested a hearing as provided in Subsection
(d)(9) of this section, the lienholder in possession may apply to
the director of revenue for a certificate. The application for title
shall be accompanied by:
1.
An affidavit from the lienholder in possession that he has been
in possession of the abandoned property for at least 30 days and the
owner of the abandoned property or holder of a security agreement
has not made arrangements for payment of towing and storage charges;
2.
An affidavit that the lienholder in possession has not been
notified of any application for hearing as provided in this section;
3.
A copy of the abandoned property report or crime inquiry and
inspection report;
4.
A copy of the thirty-day notice given by certified mail to any
owner and person holding a valid security interest and a copy of the
certified mail receipt indicating that the owner and lienholder of
record was sent a notice as required in this section; and
5.
A copy of the envelope or mailing container showing the address
and postal markings indicating that the notice was "not forwardable"
or "address unknown."
c.
If notice to the owner and holder of a security agreement has
been returned marked "not forwardable" or "addressee unknown," the
lienholder in possession shall comply with Subsection (d)(8) of this
section.
(6)
Notice to owner/tow lien claim. Any towing company which comes into possession of abandoned property pursuant to Section 16-32 and who claims a lien for recovering, towing or storing abandoned property shall give notice to the title owner and to all persons claiming a lien thereon, as disclosed by the records of the state department of revenue or of a corresponding agency in any other state. The towing company shall notify the owner and any lienholder within 10 business days of the date of mailing indicated on the notice sent by the state department of revenue pursuant to RSMo 304.156, by certified mail, return receipt requested. The notice shall contain the following:
a.
The name, address and telephone number of the storage facility;
b.
The date, reason and place from which the abandoned property
was removed;
c.
A statement that the amount of the accrued towing, storage and
administrative costs are the responsibility of the owner, and that
storage and/or administrative costs will continue to accrue as a legal
liability of the owner until the abandoned property is redeemed;
d.
A statement that the storage firm claims a possessory lien for
all such charges;
e.
A statement that the owner or holder of a valid security interest
of record may retake possession of the abandoned property at any time
during business hours by proving ownership or rights to a secured
interest and paying all towing and storage charges;
f.
A statement that, should the owner consider that the towing
or removal was improper or not legally justified, the owner has a
right to request a hearing as provided in this section to contest
the propriety of such towing or removal;
g.
Statement that if the abandoned property remains unclaimed for
30 days from the date of mailing the notice, title to the abandoned
property will be transferred to the person or firm in possession of
the abandoned property free of all prior liens; and
h.
A statement that any charges in excess of the value of the abandoned
property at the time of such transfer shall remain a liability of
the owner.
(7)
Physical search of property. In the event that the state department
of revenue notifies the towing company that the records of the department
of revenue fail to disclose the name of the owner or any lienholder
of record, the towing company shall attempt to locate documents or
other evidence of ownership on or within the abandoned property itself.
The towing company must certify that a physical search of the abandoned
property disclosed no ownership documents were found and a good faith
effort has been made. For purposes of this section, good faith effort
means that the following checks have been performed by the company
to establish the prior state of registration and title:
a.
Check of the abandoned property for any type of license plates,
license plate record, temporary permit, inspection sticker, decal
or other evidence which may indicate a state of possible registration
and title;
b.
Check the law enforcement report for a license plate number
or registration number if the abandoned property was towed at the
request of a law enforcement agency;
c.
Check the tow ticket/report of the tow truck operator to see
if a license plate was on the abandoned property at the beginning
of the tow, if a private tow; and
d.
If there is no address of the owner on the impound report, check
the law enforcement report to see if an out-of-state address is indicated
on the driver license information.
(8)
Petition in associate circuit court.
a.
The owner of the abandoned property removed pursuant to this
article or any person claiming a lien, other than the towing company,
within 10 days after the receipt of notification from the towing company
pursuant to Subsection (d)(5) of this section may file a petition
in the associate circuit court in the county where the abandoned property
is stored to determine if the abandoned property was wrongfully taken
or withheld from the owner. The petition shall name the towing company
among the defendants. The petition may also name the agency ordering
the tow or the owner, lessee or agent of the real property from which
the abandoned property was removed. The state director of revenue
shall not be a party to such petition but a copy of the petition shall
be served on the director of revenue.
b.
Upon filing of a petition in the associate circuit court, the
owner or lienholder may have the abandoned property released upon
posting with the court a cash or surety bond or other adequate security
equal to the amount of the charges for towing and storage to ensure
the payment of such charges in the event he does not prevail. Upon
the posting of the bond and the payment of the applicable fees, the
court shall issue an order notifying the towing company of the posting
of the bond and directing the towing company to release the abandoned
property. At the time of such release, after reasonable inspection,
the owner or lienholder shall give a receipt to the towing company
reciting any claims for loss or damage to the abandoned property or
the contents thereof.
c.
Upon determining the respective rights of the parties, the final
order of the court shall provide for immediate payment in full of
recovery, towing, and storage fees by the abandoned property owner
or lienholder or the owner, lessee, or agent thereof of the real property
from which the abandoned property was removed.
d.
A towing and storage lien shall be enforced as provided in Subsection
(d)(6) of this section.
(9)
Towing company requirements. Any towing company which tows abandoned
property for hire shall have the towing company's name, City and state
clearly printed in letters at least three inches in height on the
sides of truck, wrecker or other vehicle used in the towing. Towing
companies shall keep a record for three years on any abandoned property
towed and not reclaimed by the owner of the abandoned property. Such
record shall contain information regarding the authorization to tow,
copies of all correspondence with the department of revenue concerning
the abandoned property, and information concerning the final disposition
of the possession of the abandoned property.
(10)
Storage facilities. Persons operating or in charge of any storage
facility where the abandoned property is stored pursuant to this article
shall accept cash for payment of towing and storage by a registered
owner or the owner's agent claiming the abandoned property.
(11)
Compliance with state law. All requirements and responsibilities
contained in RSMo 304.155 through 304.158, and any provisions referenced
therein shall be complied with.
(e)
Maximum charges.
(1)
A towing company may only assess reasonable storage charges
for abandoned property towed without the consent of the owner. Reasonable
storage charges shall not exceed the charges for vehicles which have
been towed with the consent of the owner on a negotiated basis. Storage
charges may be assessed only for the time in which the towing company
complies with the procedural requirements of this article.
(2)
The City Council may from time to time establish maximum reasonable
towing, storage and other charges which can be imposed by towing and
storage companies operating within the City, and which are consistent
with this article and with RSMo 304.155 to 304.158. Any violation
of said established maximum charges shall be deemed a violation of
this section of the Code.
(3)
A towing company may impose a charge of not more than one-half
of the regular towing charge for the towing of abandoned property
at the request of the owner of private real property or that owner's
agent pursuant to this article if the owner of the abandoned property
or the owner's agent returns to the abandoned property before it is
removed from the private real property. The regular towing charge
may only be imposed after the abandoned property has been removed
from the property and is in transit.
(f)
Sale of abandoned property by City.
(1)
If the vehicle, part or junk is unredeemed after the expiration
of 30 days, the City Administrator or his duly appointed representatives
may sell it to the highest bidder, or if it has no sale value may
otherwise dispose of it. If the City opts to sell the property, it
may transfer ownership by means of a bill of sale signed by the City
Clerk and sealed with the official City seal. Such bill of sale shall
contain the make and model of the abandoned property, the complete
abandoned property identification number and the odometer reading
of the abandoned property if available and shall be lawful proof of
ownership for any dealer registered under the provisions of RSMo 301.218
or 301.560, or for any other person. Any dealer or other person purchasing
such property from the City shall apply within 30 days of the purchase
for a certificate. Any money received from disposal of any vehicle,
part or junk shall be applied to the expenses charged to the owner;
provided, however, that if the owner cannot be found within 30 days
of such sale the surplus shall become the property of the City.
(2)
Notice of sale.
a.
Prior to the sale of any such property the City Administrator
or his duly appointed representatives shall cause to be posted in
City hall, the place of storage and at least one other public place
in the City a notice stating:
b.
This notice shall be posted not less than 10 nor more than 30
days prior to the date of the sale.
(3)
Insider sales. No City officer or employee shall acquire at
any such sale any property seized pursuant to this article.
[Ord. No. 696, § 1, 11-16-1999]
(a)
Defined. The following conditions with respect to any building or
structure have been determined to be detrimental to the health, safety,
and welfare of the residents of the City, and therefore constitute
a dangerous building being a nuisance:
(1)
Those whose exterior or interior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing
through the center of gravity of any such wall or vertical structural
members falls outside of the middle third of its base, or to the same
extent using any equivalent measure such as a level.
(2)
Those which, exclusive of the foundation, show 33% or more,
of damage or deterioration of the supporting member or members, or
50% of damage or deterioration of the non-supporting enclosing or
outside walls or covering.
(3)
Those which have improperly distributed loads upon the floors,
roofs, or other horizontal structural members, or in which the same
are overloaded, or which have insufficient strength or deflections
to be reasonably sale for the purpose used or intended to be used.
(4)
Those which have been damaged by fire, wind, flood, vandals
or any other causes so as to have become dangerous to life, safety,
or the general health and welfare of the occupants or the people of
the City.
(5)
Those which are uninhabited and are open at door, window, wall
or roof.
(8)
Those which have any portion of a building or structure remaining
on a site after the demolition or destruction of the building or structure
or whenever any building or structure is abandoned for a period in
excess of six months so as to constitute such building or portion
thereof an attractive nuisance or hazard to the public.
(9)
Those containing therein substantial accumulations of trash,
garbage or other materials susceptible to fire, or constituting or
proving a harboring place for vermin or other obnoxious animals or
insects or in any way threatening the health of the occupants thereof
or the health of persons in the vicinity thereof.
(10)
Those having inadequate or unsafe facilities for egress in case
of fire or panic.
(11)
Those which have parts thereof which are so attached or deteriorated
that they may fall upon public ways or upon the property of others
or may injure members of the public or the occupants thereof, or that
are not of sufficient strength or stability or are not anchored, attached
or fastened in place so as to be capable of safely resisting wind
pressure, snow or other loads.
(12)
Those buildings built or maintained in violation of any applicable
safety provision of the Building Code, Electrical Code, Plumbing Code,
Mechanical Code, Minimum Housing Standards Code, or the Fire Prevention
Code as adopted by the City, or used in violation thereof.
(13)
Those buildings in which the electrical, plumbing, mechanical
or other systems are totally or partially damaged, destroyed, removed
or otherwise made inoperable, unsafe or unsanitary.
(14)
Those buildings or any portion thereof that, because of obsolescence,
dilapidated condition, deterioration or damage, inadequate maintenance,
faulty construction or arrangement, or any other causes, constitute
(i) a blighting influence upon the neighborhood or an eyesore so as
to deprive owners or occupants of neighboring property of the beneficial
use and enjoyment of their premises or which presents an appearance
which is offensive to persons of ordinary sensibilities; (ii) a fire
hazard under the Fire Prevention Code of the City; or (iii) a public
nuisance known to the common law or in equity jurisprudence.
(b)
Standards for repair, clean up, vacation and/or demolition. The following
shall be followed in substance by the building inspector and the City
Administrator or his representative in ordering repair, clean up and
maintenance, vacation and/or demolition of any dangerous building:
(1)
If the dangerous building can reasonably be repaired and/or cleaned up and maintained so that it will no longer exist in violation of the terms of Section 16-33, it shall be ordered so repaired and/or cleaned up and maintained and such repair and/or clean up and maintenance shall be performed in full compliance with all requirements of the City.
(2)
If the dangerous building is in such condition as to make it
dangerous to the health, safety, or welfare of its occupants, it shall
be ordered to be vacated, pending abatement of the nuisance.
(3)
In any case where the dangerous building cannot be reasonably repaired or cleaned up and maintained so that the dangerous building will no longer exist in violation of the terms of Section 16-33, the dangerous building shall be ordered demolished, (or in extenuating circumstances repaired), and such demolition or repair shall be performed in full compliance with all requirements of the Code, and in the event it is not repaired or demolished by the owner, then the City may abate the nuisance by demolition.
(4)
In any case where the conditions constituting the public nuisance
are such that the costs to repair and/or clean up and maintain the
building or structure so that it will no longer constitute a public
nuisance equal or exceed 50% of the value of the dangerous building,
it shall be ordered demolished, (or in extenuating circumstances repaired),
and such demolition or repair shall be performed in full compliance
with all requirements of the Code, and in the event it is not repaired
or demolished by the owner, then the City may abate the nuisance by
demolition.
(5)
Any dangerous building constituting a public nuisance because
of the conditions described in Subsection (a)(1), (2), (3) or (4)
of this section shall be ordered to be completed in accordance with
lawful plans and specifications and all requirements of the Code,
and if it shall not be so completed or demolished by the owner in
full compliance with the Code, then the City may abate the nuisance
by demolition.
(6)
Any dangerous building found to be a public nuisance because
of the conditions described in Subsection (a)(7) or (8) of this section
shall be ordered demolished and such demolition shall be performed
in full compliance with all requirements of the Code.
(c)
Duties of building inspector. The building inspector:
(1)
May inspect or cause to be inspected as deemed necessary, all
public buildings, schools, halls, churches, theaters, hotels, tenements,
commercial, manufacturing, residential or loft buildings or structures
for the purpose of determining whether any conditions exist as set
forth in Subsection (a).
(2)
Shall inspect any buildings or structure about which complaints
are filed by any person alleging that the building or structure contains
any of the conditions described in Subsection (a).
(3)
Shall inspect any building or structure reported by the fire
or police departments of this City when that department has reason
to believe that the building or structure has any of the conditions
set forth in Subsection (a).
(4)
Shall inspect any building or structure in the City at any time
whenever there is reason to believe that the building or structure
has a condition described in Subsection (a).
(5)
Shall determine in any case where inspection shows that a building
or structure has any of the conditions referred to in Subsection (a),
whether or not it reasonably appears there is immediate danger to
the health, safety, or welfare of any person because of such condition,
and if it does so reasonably appear, to immediately notify the City
Administrator or his representative thereof. Should the City Administrator
or his representative concur in the finding of the building inspector
that there is immediate danger as aforesaid, the building inspector
shall immediately post upon the building or structure a notice reading
as follows:
"This building has been found to be a public nuisance by the
City Administrator of the City of Butler. It also reasonably appears
that this building or structure is an immediate danger to the health,
safety, or welfare of persons thereabouts or therein. This notice
is to remain on this building or structure until it is brought into
compliance with the ordinances of the City of Butler. It is unlawful
to remove this notice until such compliance has occurred."
(d)
Notice. Whenever the building inspector or other duly authorized representative of the City Administrator has determined that any building or structure is a public nuisance under the provision of this Section 16-33, he shall, as soon as possible thereafter, notify the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the building or structure as shown by the land records of the recorder of deeds for the appropriate county that such building or structure has been found to be a public nuisance under the provisions of this Section 16-33. The notice shall set forth a description of the property deemed dangerous and the conditions found in the building or structure so as to constitute the building or structure as a public nuisance under Subsection (a). The notice shall also provide for abatement of the public nuisance by (1) ordering the building or structure to be vacated, repaired, cleaned up and maintained and/or demolished; and (2) specifying a time for commencement of the work, which commencement shall include the scheduling of an appointment with the building inspector and the establishment of an acceptable plan of action for such work; and (3) requiring the work to proceed continuously without unnecessary delay to completion in strict compliance with the plan of action approved by the building inspector.
(e)
Serving notices or orders; notice by posting and publication. Whenever under this Section 16-33 a notice is required to be served upon the persons interested in any building or structure, the notice shall be served upon the owner, occupant, lessee mortgagee, agent and all other persons having an interest in the building or structure as shown by the land records of the recorder of deeds for the county in which the building or structure is located, and shall be signed by the person who has the responsibility to issue the notice. The notice shall be served, if the party or parties to be served reside in the City, by the handing of the notice to the person to be served by anyone competent to be a witness or by leaving the notice at the usual place of abode of the one to be served with a member of the household over the age of 15 years. If the person to be served shall not reside in the City or shall have absented himself from the City or concealed himself so that personal service may not be made as herein provided for and if his address shall be known, then service shall be made by posting a copy of such notice in a conspicuous place on the building or structure to which it relates and by certified mail, return receipt requested; but if his address shall not be known, the service of notice shall be by posting and by publication. The publication shall contain the full text of the notice and shall be published at least once a week for three consecutive weeks on the same day of the week in some newspaper of general circulation published in the appropriate county, and the time specified in the notice for a hearing to be held, or for the commencement of work or for any other thing to be done shall be at least 30 days from the date of the first publication of notice.
(f)
Recording of statement of violation.
(1)
Whenever the building inspector or other duly authorized representative of the City Administrator has determined that any building or structure is a public nuisance under the provisions of Section 16-33, and upon issuance of the notice thereof to all persons having an interest in the property pursuant to Subsection (d), the City Administrator or his representative shall prepare a "statement of violation of Section 16-33" and cause the same to be filed and recorded in the office of the recorder of deeds or director of records of the county wherein the property is located. Such statement shall set forth the address and legal description of the property upon which the dangerous building is located and a statement that such building is dangerous within the provisions of this Section 16-33, and that the owner thereof has been given proper notice and ordered to comply with the requirements of Section 16-33.
(2)
The recording of such statement shall place persons purchasing
such property subsequent to the date of such recording on notice that
such property has been declared a dangerous building. The act of subsequent
purchase shall not delay the processing or cause a delay in such matter
and shall not be an exception to the time requirements of the notices
provided herein.
(3)
Upon application and after verification that the owner of the property has complied with the requirements of this Section 16-33 by vacating, repairing, cleaning up and maintaining or demolishing the dangerous building or structure, the City Administrator shall issue to the owner of the property a "release of statement of violation of Section 16-33" which is in such form that it may be filed with and recorded by the office of the recorder of deeds or director of records of the county wherein the property is located stating that the dangerous condition has been abated.
(g)
Disregarding notices or orders hearings.
(1)
Whenever there shall be a failure to obey a notice to abate
a public nuisance issued as provided in Subsection (d) by not commencing
work and establishing an acceptable plan of action in the time specified
in said notice, or there shall be a failure to proceed continuously
with the work required therein without unnecessary delay to completion
in strict compliance with the approved plan of action, the City Administrator
shall call and have a full and adequate hearing upon the matter giving
all interested parties as described above at least 10 days' written
notice of the hearing; provided that if service is by publication,
the publication shall contain the full text of the notice and shall
be published at least once a week for three consecutive weeks on the
same day of the week in some newspaper of general circulation published
in the appropriate county, and the time specified in the notice for
a hearing to be held shall be at least 30 days from the date of the
first publication of notice. Any party may be represented by counsel,
and all parties shall have an opportunity to be heard and present
such evidence as shall be relevant to a determination of:
(2)
All testimony shall be under oath, which may be administered
by the City Administrator and a written record of the hearing shall
be made by a reporter to be employed by the City, the cost of which
shall be paid by the City should the proceeding be eventually held
against the City and by the owner if it should not. In the latter
case the cost of such reporting shall be a lien upon the lot, tract,
or parcel of land upon which the building or structure stands, and
shall be added to the cost of performance for demolition and repair
and clean up and maintenance in the event the City shall be required
to do so, and shall be payable as provided in Subsection (j) for such
costs.
(h)
Findings of hearing. Within 30 days from the date of the hearing required by Subsection (g), the City Administrator shall, upon the basis of competent and substantial evidence offered at the hearing, make a finding of fact as to whether or not the building or structure in question is a public nuisance under the terms of Section 16-33 and detrimental to the health, safety, and welfare of the residents of the City, specifically finding as a matter of fact the condition or conditions of such building or structure which constitute the nuisance. If it is found that the building or structure is a public nuisance, further findings shall be made as to whether or not the procedures required by Section 16-33 have been substantially met and complied with, and whether or not the abatement order of the building inspector or other duly authorized representative of the City Administrator to abate the nuisance was reasonable in its terms and conditions and within the standards of Section 16-33. If it is found that the abatement order was not reasonable or within the standards of Section 16-31, it shall be the duty of the City Administrator to make his own findings of fact as to what is reasonably required to abate the public nuisance within the standards of Section 16-33. If the City Administrator finds that a public nuisance does not exist or that the procedures of Section 16-33 have not been substantially met and complied with, the proceedings against the building or structure shall be dismissed.
(i)
Order to repair, clean up, vacate and/or demolish.
(1)
If a proceeding is not dismissed following the findings required by Subsection (h), the City Administrator shall issue an order directing the building or structure to be completed, repaired, cleaned up and maintained and/or demolished and/or vacated, as the case may be, within the standards of Section 16-33. This order, together with the findings of fact required by Subsection (h), shall be in writing and shall be immediately delivered or mailed to each party to the hearing or to his attorney of record by certified mail, return receipt requested. In addition, copies of the order and findings of fact shall be posted in a conspicuous place in the office of the City Administrator or his representative for a period of 30 days from the date of issuance thereof. The order shall state a reasonable time which (except in cases of emergency) shall not be less than 30 days from the date of issuance within which to comply with the order, and shall further provide that if it is not complied with within such time, the City Administrator shall cause the work to be done by the City and its own crew or by contractors employed by the City for that purpose.
(2)
If there shall be no contractor employed by the City for that
purpose, the City Administrator or his representative is hereby authorized
to enter into contracts not to exceed $5,000 with persons engaged
in the business of repairing or demolishing buildings for the purpose
of enforcing the order provided for in this section if there are sufficient
funds provided for that purpose in the budget or a supplemental appropriation.
Additional contracts or contracts for amounts in excess of $5,000
must be approved by Council.
(3)
Certificate of dangerous building.
a.
After a building has been determined to be a dangerous building by the City Administrator, a "certificate of existence of dangerous building" will be filed and recorded in the office of the recorder of deeds or director of records of the county wherein the land is located. Such certificate shall set forth the address and description of the premises upon which such dangerous building is located, and a certification that such building thereon is dangerous within the provisions of Section 16-33, and that the owner thereof has been given proper notice and ordered to repair or clean up and maintain and/or demolish such building. Such certification shall be made and signed by the City Administrator.
b.
The recording of a "certificate of existence of dangerous building"
shall place persons purchasing such property subsequent to such recording
on notice that such property has been declared a dangerous building
and ordered repaired, cleaned up and maintained or demolished. The
act of subsequent purchase shall not delay the processing or cause
a delay in such matter and shall not be an exception to the time requirements
of the notices provided herein.
c.
Upon application and after verification that the order of the
City Administrator to vacate, repair, clean up or demolish a dangerous
building has been complied with, the City Administrator shall issue
to the owner a "release of certificate of existence of dangerous building"
which is in such form that it may be filed with and recorded by the
office of the recorder of deeds or director of records of the county
in which the land is located stating that the dangerous condition
has been abated.
(j)
Payment of costs.
(1)
Unless the building or structure is demolished, secured or repaired
by a contractor pursuant to an order issued by the City, and such
contractor files a mechanic's lien against the property where the
dangerous building is located, whenever the City shall have caused
the work to be done as provided by Subsection (i), the City Administrator
shall certify the costs of the work to the City Clerk or finance officer
who shall cause a special tax bill therefor and for the costs associated
with the processing of the order to include publication, court reporter,
certified mail, and the inspector's time which shall be likewise certified
by the City Administrator, to be issued against the lot, tract or
parcel of land upon which the building or structure is located. The
special tax bill from the date of its issuance shall be deemed a personal
debt against the property owner, and in addition shall be a lien on
the lot, tract or parcel of land until paid and shall be registered
in the office of the City Clerk or finance officer of the City. The
tax bill shall be collected by the City collector or other official
collecting taxes.
(2)
If there are no proceeds of any insurance policy as set forth
in Subsection (l), at the written request of the taxpayer delivered
to the City Clerk or finance officer of the City, a tax bill for repair
or demolition of a building or structure may be paid in 10 equal annual
installments, which installments with interest thereon to date on
the unpaid balance shall be due annually on the anniversary of the
date of issuance of the bill. Interest shall be paid at the maximum
rate per annum allowable by law on the unpaid balance of the special
assessment computed from the date of issuance. If any annual payment
of principle or interest shall not be paid within 30 days of its due
date the entire remaining balance of the tax bill shall immediately
become due and payable.
(3)
If request for 10 annual payments is not made prior to the time
the City Administrator or his representative shall certify the cost
of the work to the City Clerk or finance officer, the tax bill shall
be payable in 60 days from its date of issuance with interest thereon
at the maximum rate per annum allowable by law.
(4)
Tax bills issued under Subsection (j) shall be prima facie evidence
of the validity of the bill, the doing of the work and the liability
of the property for the damages stated in the bill and shall be collected
if default should occur by suit brought in a court of competent jurisdiction
by the City counselor on behalf of the City. Judgment in any such
suit shall be special and against the property owner and against the
property and shall be satisfied by sale of the property or so much
thereof as is necessary to satisfy the judgment and the costs of the
sale or by any other means available under law or equity.
(k)
Failure to comply.
(1)
Any owner of a dangerous building who shall fail to comply with an order of the City Administrator to vacate, repair, clean up and maintain and/or demolish said dangerous building or who fails to proceed continuously to vacate, repair, clean up and maintain and/or demolish the dangerous building without unnecessary delay shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as set forth in Section 16-2 of this Code.
(2)
The party in actual or constructive possession, or one who has a legal duty to act for a party, who fails to comply with an order of the City Administrator to vacate, repair, clean up and maintain and/or demolish a dangerous building shall be guilty of a misdemeanor and upon conviction shall be punished as set forth in Section 16-2 of this Code.
(3)
Any person failing to immediately vacate a building upon the verbal or written order of the City Administrator in cases of emergency pursuant to Subsection (c)(5) or Subsection (b) shall be guilty of a misdemeanor and upon conviction shall be punished as set forth in Section 16-2 of this Code.
(4)
Any person who hinders, threatens or interferes with any inspector, contractor or any person working for a contractor having a permit to demolish a dangerous building or who removes a posed notice placed upon a dangerous building pursuant to this Section 16-33 or otherwise violates any of the provisions of this Section 16-33 shall be guilty of a misdemeanor and upon conviction shall be punished as set forth in Section 16-2 of this Code.
(l)
Insurance proceeds from damage or loss.
(1)
If there are proceeds of any insurance policy based upon a covered
claim payment made for damage or loss to a building or other structure
caused by or arising out of any fire, explosion, or other casualty
loss, and if the covered claim payment is in excess of 50% of the
face value of the policy covering a building or other structure, then
the following procedure shall apply:
a.
The insurer shall withhold from the covered claim payment up
to 25% of the covered claim payment, and shall pay that amount to
the City to deposit into an interest bearing account. Any named mortgagee
on the insurance policy shall maintain priority over any obligation
under this section. If a special tax bill or assessment is issued
by the City for the expenses of demolition of such building as a dangerous
building, the monies held by the City shall be applied toward payment
of special tax bill or assessment. If there is any excess, it shall
be paid by the City to the insured or as the terms of the policy,
including any endorsement thereto, provide.
b.
The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (1) hereof to the insured or as the terms of the policy and endorsements thereto provide within 30 days after receipt of such insurance monies, unless, the City has instituted legal proceedings under the provisions of Subsections (i) and (j). If the City has proceeded under the provisions of Subsections (i) and (j), all monies in excess of that necessary to comply with the provisions of Subsections (i) and (j) for the removal of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.
c.
The City may certify that, in lieu of payment of all or part
of the covered claim payment under this subsection, it has obtained
satisfactory proof that the insured has or will remove debris and
repair, rebuild or otherwise make the premises safe and secure. In
this event, the City shall issue a certificate within 30 days after
receipt of proof to permit covered claim payment to the insured without
deduction. It shall be the obligation of the insured or other person
making the claim to provide the insurance company with the written
certificate provided for in this subsection.
d.
No provision of this subsection shall be construed to make the
City a party to any insurance contract.
(2)
When the City takes bids from independent contractors for demolition
of a building, bidders shall deduct any salvage value the materials
in the building or structure may have from the cost of demolition
in arriving at their bid amount. Should City employees do the demolition,
the actual net cash received by the City from the salvaged materials
shall be deducted from the special tax bill for such demolition. In
no case will the not cost of demolition be increased in order to effect
salvage of materials.
(m)
Appeal. Any owner, occupant, lessee, mortgagee, agent or other person having an interest in the building or structure may appeal from the order and determination of the City Administrator made under the provisions of Subsection (i). The appeal shall be to the Circuit Court of Bates County as established in RSMo art. 536.
(n)
Emergencies. Notwithstanding anything to the contrary contained in
this section, in all cases where it reasonably appears that an immediate
danger to the health, safety or welfare of any person exists, the
City Administrator may take emergency measures to vacate, repair,
clean up and/or demolish a building or structure which is a public
nuisance under the provisions of this section.
(o)
Liability. No officer, agent, or employee of the City shall be personally
liable for any damage that may occur to any persons or property as
a result of any act required of him or permitted to be taken by him
under the terms of this section. Any suit brought against any such
officer, agent, or employee of the City as a result of any such acts
required or permitted shall be defended by the City until the final
determination of the proceedings, and if judgment shall be obtained
it shall be paid by the City. It is hereby further declared that no
officer, agent or employee of the City owes any duty under the provisions
of this section to any citizen or other individual but that the duties
prescribed herein and imposed upon officers, agent or employees of
the City are duties to be performed for the government of said City.
(p)
Representatives. Whenever the term "City Administrator" is used in
this section, such term shall be deemed to mean and include the City
Administrator or the representative(s) of the City Administrator.
Whenever the term "building inspector" is used in this section, such
term shall be deemed to mean and include the building inspector or
the representative(s) of the building inspector. Whenever the term
"City Clerk or finance officer" is used in this section, such term
shall be deemed to mean and include the City Clerk or finance officer
or the representative(s) of the City Clerk or finance officer.
[Ord. No. 952, 7-17-2012[1]; Ord. No. 958, 11-6-2012; Ord. No. 1000, 5-4-2015; Ord. No. 1017, 5-17-2016]
(a)
Generally. Any condition on any lot or land that has the presence
of debris of any kind is hereby declared a public nuisance, subject
to abatement.
(b)
Definitions.
(1)
Debris is defined as and includes: weed cuttings; cut and fallen
trees and shrubs; overgrown vegetation and noxious weeds which are
seven inches or more high; junk, rubbish and trash; lumber not piled
or stacked 12 inches off the ground; rocks or bricks; tin or steel;
parts of derelict cars or trucks, broken furniture; and/or any flammable
material.
(2)
The term "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 required in the section, and
(2) that the definition is not challenged by requesting a formal hearing
as provided in this section.
(3)
All vegetation, regardless of height, including thickets, which
may conceal or invite deposits of filth or refuse; harbor rodents
or vermin; or create fire hazards.
(c)
Exceptions. This section shall not apply to:
(1)
Vegetation cultivated for agricultural purposes such as production
of grain, forage or commercial products; or
(2)
Undeveloped tracts of land zoned other than for agricultural
uses if the tract is one contiguous tract or lots owned by one owner
that exceeds two acres 87,120 square feet); provided that all areas
within five feet from the edge of pavement of a public roadway(s),
or within five feet of the property line(s) adjacent to any property
being used for residential or commercial purposes shall be maintained
free from weeds or plant growth in excess of 12 inches.
(3)
Parties will be required to cut or bale hay prior to the first
day of July and again prior to the first day of November each year.
If unable to cut hay by either of these dates, the parties will need
to request and receive approval for an extension of time from the
City Council.
(4)
All property owned by the City of Butler and leased or contracted
out shall be subject to the terms and conditions as specified in the
individual agreements.
(d)
Notice and enforcement.
(1)
Enforcement shall be the responsibility of the City Administrator
or his authorized representative, and enforcement shall commence by
providing notice to the owner of the property and/or to the non-owner
occupant of the nuisance condition existing on the property.
(2)
The notice may be delivered by personal service, by certified
mail or by ordinary mail, and by posting upon the property, except
posting on vacant property or mailing to an address of vacant property
shall not be sufficient notice of the nuisance condition to the property
owner. If sent by ordinary mail, there is a rebuttable presumption
that the letter was delivered five days after the date it was sent.
(3)
The notice shall 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 days from the receipt
of the notice, abate the nuisance.
(e)
Notice and requestor hearing.
(1)
Any owner and/or non-owner occupant who wishes to challenge
the order of abatement may do so, provided that a hearing on the validity
of the order under the Administrative Procedure Act, RSMo Ch. 536
is requested within the seven-day period.
(2)
Notice of the right to request a hearing shall be given to the
property owner and/or the nonowner occupant by including a copy of
this article with any notice sent under authority of this section.
(3)
If a request is made, the hearing shall be conducted by the
City Administrator or his authorized representative. The request for
a hearing must be in writing, but otherwise no particular formality
is required.
(4)
Once a request for hearing is received, the hearing shall be
conducted in accordance with the "contested case" provisions of the
Administrative Procedure Act. The City attorney shall represent the
City at the hearing.
(5)
If no such request is made within the seven-day time period,
the order becomes final and is not subject to challenge elsewhere.
(f)
Abatement of nuisance.
(1)
If the nuisance is present on the property seven days after
receipt of the notice by the property owner and/or the non-owner occupant,
the City Administrator or his authorized representative shall cause
the nuisance to be abated.
(2)
The costs of abatement may include a fee for the City's cost
in administering this article, which fee shall not exceed $100 in
addition to the actual cost of abatement. The City Administrator or
his authorized representative shall verify the cost of the abatement
to the City Clerk 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.
(g)
Violation as an offense. Pursuant to Section 16-4, property owners and/or non-owner occupants may also be charged with violations of the provisions of this section for "failure to abate a nuisance" in the municipal court, and if found guilty to or if a guilty plea is entered, may be fined according to the schedules set forth in Section 16-4.
[1]
Editor's Note: This ordinance also repealed former § 16-34,
which pertained to the same subject matter and derived from Ord. No.
696, adopted 11-16-1999, as amended.
