[Ord. No. 2020-3; 7-14-2020]
Procedure. Whenever a complaint is made to the Code Enforcement
Official or upon discovery of the existence of a nuisance, as defined
in this Chapter, the Code Enforcement Official shall promptly cause
to be inspected the property on which it is alleged that such nuisance
exists. Upon discovery of a nuisance, the Code Enforcement Official
may order the owner or other person creating, keeping, maintaining,
or permitting the same to abate it. Should the Code Enforcement Official
find that a nuisance exists, and the public health, welfare or safety
may be in immediate danger, then summary abatement procedures shall
be implemented and the Code Enforcement Official or at his/her direction,
another City employee or contractor may cause the nuisance to be removed
or abated. Summary abatement costs shall be certified by the City
Clerk and promptly remitted by the owner agent or occupant to the
City, plus interest, and if not paid, assigned to the annual real
estate tax bills for the property.
[Ord. No. 2020-3; 7-14-2020]
When summary abatement is authorized, notice to the owner, agent,
or occupant of the property is not required. Following summary abatement,
the Code Enforcement Official shall cause to be posted on the property
liable for the abatement a notice describing the action taken to abate
the nuisance.
[Ord. No. 2020-3; 7-14-2020]
The proceeds, if any, obtained from the sale of any material
salvaged as a result of an abatement of public nuisance by the Code
Enforcement Official shall be deposited into the general fund of the
City and any deficit between the amount so received and the cost of
the abatement shall be filed with the City Clerk. The City Clerk shall
certify said costs and interest which shall be billed and promptly
be remitted by the responsible party, and if not so remitted, the
City Clerk shall submit a special tax bill to the County Assessor
so that the costs can be added to the annual real estate tax bill
for the property. Should the proceeds of the sale of the salvaged
material exceed the cost of abatement, the surplus, if any, shall
be paid to the owner of the property from which the public nuisance
was abated when a proper claim to the excess is established.
[Ord. No. 2020-3; 7-14-2020]
The City is hereby empowered to charge and collect all costs
of any abatement which is performed by the City, including administrative
expense, which shall be determined by the Code Enforcement Official and /or a designee (approved by
the Mayor and City Aldermen). Said costs shall be reported to the
City Clerk or a designee in an itemized document titled Certificate
of Cost showing the costs of abatement, administrative expenses and
any outstanding penalties. Said costs shall be assessed and billed
to the owner, interests or entity having control of the property abated
and shall be promptly remitted by the responsible party. If not so
remitted, costs will be added with interest to the annual real estate
taxes assessed against the property if the costs are not paid within
thirty (30) days. The person or entity causing, maintaining, or permitting
the nuisance shall be personally liable to the City for the costs
of such abatement.
[Ord. No. 2020-3; 7-14-2020]
The property owner, occupants, or entities having control of
the property may object to the assessment discussed herein. Such objections
must be made in writing with twenty (20) days from the date of mailing
of the notice discussed hereinabove. If no objections are received
within the twenty-day period, the City Clerk is to proceed with the
procedures set forth herein. If an objection is received, the City
Clerk shall refer the matter to the Mayor and Board of Aldermen or
their designee, for administrative review. After administrative review,
the Mayor and Board of Aldermen or their designee, shall make a written
determination that the amount of the charges shall be canceled, reduced
or remain the same. The Mayor and Board of Aldermen or their designee
may reduce or cancel the proposed assessment if it is determined that:
no notice or order to remove the nuisance was provided; or the work
performed for abating the nuisance was not in compliance with this
Chapter; or the computation of charges was not in compliance with
this Chapter. A copy of this determination shall be furnished to the
person making the objections together with a notice of the person's
right to appeal. The decision of the Mayor and Board of Aldermen or
their designee may be appealed pursuant to the provisions of Chapter
536, RSMo., by any person aggrieved, provided such appeal is filed
within thirty (30) days after the date of personal service or mailing
by first-class mail of the Mayor and Board of Aldermen or designee's
decision.
[Ord. No. 2020-3; 7-14-2020]
In the event the person or persons billed fails to pay within the thirty-day period set forth in Section 215.160 hereinabove, the Mayor and Board of Aldermen or designee, shall certify the amount thereof to the City Clerk. The City Clerk shall take any and all steps necessary for a special tax bill to be issued and/or for the costs of the abatement to be added to the annual real estate taxes assessed against the property. The cost of the abatement as determined by the Mayor and Board of Aldermen or designee, shall be certified to the City Clerk not sooner than thirty (30) days after issuance of the Mayor and Board of Aldermen or designee's written findings, if not sooner paid. The special tax bill, if issued, shall be deemed a personal debt against the property owner and shall be a lien on the property until paid. If the special tax bill is added to the annual real estate bill for the property and is not paid, the real estate taxes shall be considered delinquent and the collection thereof shall be governed by the laws applicable to delinquent real estate taxes. Such special tax bills, if not paid when due, shall bear interest at the rate of nine percent (9%) per annum.
[Ord. No. 2020-3; 7-14-2020]
If, after a lien has been entered, there is a written request of the owner who alleges that the owner did not receive notice of the proposed assessment, the City Clerk shall refer the matter for review pursuant to Sections 215.150 and 215.170 of this Article. The lien may be canceled or reduced by the Mayor and Board of Aldermen or designee, in administrative review, if it is determined that the owner did not receive notice of the proposed assessment, did not previously have knowledge of the lien or the nuisance abatement work constituting the basis of the lien and could not, in the exercise of reasonable care or diligence, have had such knowledge, and, in addition, that the circumstances are such that a reduction or cancellation of the charges would have been appropriate had the matter been reviewed pursuant to this Article prior to assessment. Upon receipt of a certification from the Mayor and Board of Aldermen or designee, pursuant to Section 215.150 of this Article, The City Clerk may cancel or reduce the lien. If upon review it is not appropriate to cancel or reduce the lien, owners and occupants of the property at the time at which the notice was served shall be personally liable for the amount of assessment, including all interest, civil penalties and other charges.
