[Ord. No. 2585, 8-20-2020]
(a)
A nuisance property based on criminal conduct exists when real property,
buildings or other structures are used for more than one (1) of the
following incidents within the previous twelve (12) months from the
date of latest offense:
(1)
The
illegal sale, manufacture, storing, possession, distribution or use
of narcotics or other controlled substances or precursors;
(2)
The
illegal sale, manufacture, storing, possession, distribution or use
of drug paraphernalia or precursors;
(3)
The
illegal sale, storing, possession, use or distribution of a firearm(s),
weapons or explosive devices;
(4)
Prostitution;
(5)
Illegal
gambling;
(6)
The
illegal sale, distribution or consumption of alcoholic beverages.
[Ord. No. 2585, 8-20-2020]
(a)
No owner
shall make, keep, permit or allow a nuisance defined in this article
on or in any premises, building or other structure.
(b)
Whenever
a nuisance is alleged to exist on or in any premises, building, or
structure, written notice shall be given to the owner. The notice
shall:
(1)
Be
accompanied by a copy of this article;
(2)
Identify
the activities or conditions allegedly constituting the nuisance and
shall direct the owner to immediately abate such nuisance;
(3)
Inform
the owner that any recurrence of the nuisance so specified or any
occurrence of another nuisance identified in this article on or in
the premises, building or structure within the following twelve (12)
months may lead to criminal prosecution and/or administrative enforcement
under this section; and
(4)
Provide
the owner with a reasonable opportunity to meet with the mayor or
his/her designee to discuss the nuisance and the need for abatement
measures.
(c)
The
notice shall be delivered personally or sent via First Class United
States Mail and a copy shall also be posted in a prominent place on
the premises.
(d)
If additional
nuisance activity occurs on the noticed premises within twelve (12)
months of the date of the notice, an owner may be: (a) prosecuted
for the violation of permitting or maintaining a nuisance under this
article; and (b) subject to administrative enforcement of this section
as provided herein.
[Ord. No. 2585, 8-20-2020]
Any owner who engages in, encourages, permits or otherwise fails
to abate a criminal nuisance after receiving any required notice to
abate same may be charged with permitting or maintaining a nuisance
in violation of this article. An owner convicted of the charge shall
be subject to a fine and imprisonment not to exceed one thousand dollars
($1,000.00) and ninety (90) days in jail, or both. Each occurrence
of a criminal nuisance within the twelve (12) month time frame, regardless
of proximity in time to any other nuisance violation, shall be deemed
a separate and distinct offense for which a summons may be issued.
If the owner fails to abate a nuisance under this Division after having
received notice to abate, each day that the charged violation continues
to exist shall constitute a separate offense and shall be subject
to the imposition of separate penalties by the municipal court.
[Ord. No. 2585, 8-20-2020]
(a)
If additional
nuisance activity occurs on the noticed premises within twelve (12)
months of the date of the notice, the city may initiate an administrative
hearing to ensure the abatement of the nuisance. Administrative enforcement
may be pursued in addition to or in lieu of prosecution in a court
of competent jurisdiction.
(b)
The
mayor or his/her designee shall issue a notice of hearing to the owner
of the subject premises. The notice shall be in writing and either
sent by United States Mail, certified with a return receipt requested
and by first class mail or served in person, not less than thirty
(30) days prior to the date of the hearing. A copy of the hearing
notice shall also be posted in a prominent place on the premises.
In addition, the notice shall:
(2)
Identify
the activities or conditions constituting the nuisance and shall direct
the owner to immediately abate the nuisance;
(3)
Provide
the time, date and location at which the hearing is to be conducted;
and
(4)
Provide
the owner with a reasonable opportunity to meet with the mayor or
his/her designee to discuss the nuisance, the need for abatement and
the hearing.
(c)
The
mayor or his/her designee shall serve as hearing officer and shall
be represented by the city attorney. The hearing officer:
(d)
Conduct
of the hearing.
(1)
The
hearing shall be conducted in accordance with the Missouri Administrative
Procedure Act, Chapter 536.010 through 536.090, inclusive, unless
waived, in writing, by the city and the owner or the owner's duly
authorized representative.
(2)
The
case for the city shall be presented by the city attorney, and in
order to prevail, the city shall prove, by a preponderance of the
evidence, that nuisance activity as defined in this article has occurred
and has recurred on the noticed premises within the twelve (12) months
of the date of the original notice.
(3)
Proof
of a germane conviction in the Municipal Court of Bellefontaine Neighbors
or any other court of competent jurisdiction in St. Louis County shall
be prima facie evidence of the occurrence or recurrence of nuisance
activity under this Division III.
(4)
The
owner may appear and be represented by an attorney, who shall file
a written appearance with the hearing officer.
(5)
The
owner shall have such rights as are afforded under the Missouri Administrative
Procedure Act, Chapter 536.010 through 536.090, unless waived in writing.
(e)
Post
hearing. 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 nuisance activity under this article 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 in the Circuit Court of St. Louis County of eviction proceedings
under Missouri law 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, RSMo.
(4)
The
city shall maintain a record of all criminal nuisance hearings, which
shall include: (i) the recording of the testimony presented at the
hearing; (ii) all exhibits submitted as evidence at the hearing; and
(iii) a copy of the findings of fact, conclusions of law and subsequent
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 are occupied at the time of the order of closure, the
building shall be deemed a nuisance, condemned and vacated in accordance
with the laws of Missouri. It is unlawful for any person to occupy
or use any premises ordered to be closed through such a proceeding.
(2)
After an order of condemnation or vacation, prior to any reoccupancy, 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 Chapter 13, Article III.
[Ord. No. 2585, 8-20-2020]
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Noxious Weeds: shall include, but not be limited to, the following
as may be amended from time to time by the United States Department
of Agriculture Missouri State Listed Noxious Weeds.
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Canada thistle
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Common teasel
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Cut-leaved teasel
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Field bindweed
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Johnson grass
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Kudzu
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Marijuana
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Multiflora rose
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Musk thistle
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Purple loosestrife
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Scotch thistle
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Invasive Plants: shall include, but not be limited to, the following
as may be amended from time to time by the Missouri Department of
Conservation Listed in the Missouri Vegetation Manual.
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Autumn olive
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Black Locust
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Bush honeysuckles
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Common buckthorn
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Crown vetch
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Garlic mustard
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Gray dogwood
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Honey locust (with seeds)
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Japanese honeysuckle
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Leafy spurge
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Osage orange
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Reed canary grass
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Sericea lespedeza
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Sesbania
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Smooth sumac
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Sweet clover (white and yellow)
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Wintercreeper
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Native Plants: Shall include, but not be limited to, those listed,
as may be amended from time to time, by the Missouri Department of
Conservation on the Grow Native Website: www.grownative.org or subsequent
such listings.
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