[Ord. No. 4471, 3-20-2023]
As used in this Chapter the following terms shall have the meanings
indicated:
Property upon which two (2) or more of the behaviors listed
below have occurred during any 365-day period, as a result of any
two (2) separate factual events that have been independently investigated
by any law enforcement agency or Code Enforcement Officer:
Any homicide as defined in Section 565.020 through 565.034,
RSMo.;
[Ord. No. 4661, 7-1-2024]
Any kidnapping offense as defined in 565.110, RSMo.;
Any offense involving deadly weapons as defined in Chapter 571,
RSMo.;
Criminal street gang activity as defined in Section 578.421
et seq., RSMo.;
Possession, manufacture or delivery of controlled substances
as defined in Chapter 579, RSMo.;
Sexual offenses as defined in Chapter 566, RSMo.
Property upon which three (3) or more of the behaviors listed
below have occurred during any 180-day period, as a result of any
three (3) separate factual events that have been independently investigated
by any law enforcement agency or Code Enforcement Officer:
Any homicide as defined in Section 565.020 through 565.034,
RSMo.;
[Ord. No. 4661, 7-1-2024]
Any kidnapping offense as defined in 565.110, RSMo.;
Any offense involving deadly weapons as defined in Chapter 571,
RSMo.;
Criminal street gang activities as defined in Section 578.421
et seq., RSMo.;
Possession, manufacture or delivery of controlled substances
as defined in Chapter 579, RSMo.;
Sexual offenses as defined in Chapter 566, RSMo.;
Gambling as defined in Chapter 572, RSMo.;
Assault or any related offense as defined in Chapter 565, RSMo.;
Prostitution as defined in Chapter 567, RSMo.
The ability to regulate, restrain, dominate, counteract or
govern conduct that occurs on that property.
Any person, partnership, limited liability company, trust,
or corporation having any legal or equitable interest in the property.
Owner, includes, but is not limited to:
To suffer, allow, consent to, acquiesce by failure to prevent,
or expressly assent or agree to the doing of an act.
Any natural person, association, partnership, limited liability
company, trust, or corporation capable of owning or using property
in the City of Lake Saint Louis.
Any real property, including that which is affixed, incidental
or pertinent to land, including but not limited to any premises, room,
house, building, structure, apartment, condominium unit or any separate
part or portion thereof, whether permitted or not.
Any two (2) or more buildings, premises or building complexes
under common ownership that are contiguous, or whose property lines
are within two hundred fifty (250) feet of each other may be considered
a single property.
[Ord. No. 4471, 3-20-2023]
A.
In
the event the Municipal Court determines property to be a chronic
nuisance property or an aggravated chronic nuisance property, the
Court may order that the property be closed and secured against all
use and occupancy for a period of not less than thirty (30) days,
but not more than one hundred eighty (180) days, or the Court may
employ any other remedy deemed by it to be appropriate to abate the
nuisance.
B.
In addition to the remedy provided in Subsection (A) above, the Court may impose upon the owner of the property a civil penalty in the amount of up to five hundred dollars ($500.00) per day, payable to the City, for each day the owner had actual knowledge that the property was a chronic nuisance property or an aggravated chronic nuisance property and permitted the property to remain a chronic nuisance property or an aggravated chronic nuisance property.
C.
In
determining what remedy or remedies shall be employed, the Court may
consider evidence of other conduct which has occurred on the property,
including, but not limited to:
1.
The actions or lack of action taken by the owner to mitigate or correct
the problem at the property;
2.
Whether the problem at the property was repeated or continuous;
3.
The magnitude or gravity of the problem;
4.
The cooperation of the person in charge with the City;
5.
The existence and frequency of violations of the International Property Maintenance Code (as adopted in Chapter 500 Article I, Section 500.010(A)(3)(g) of the Code of Ordinances of the City of Lake Saint Louis City);
6.
The cost of the City investigating and correcting or attempting to
correct the condition;
7.
The disturbance of neighbors;
8.
The recurrence of loud and obnoxious noises; or
9.
Repeated consumption of alcohol in public.
D.
The
Court may authorize the City to physically secure the property against
use or occupancy in the event the owner fails to do so within the
time specified by the Court or to take other steps necessary to abate
a chronic nuisance property or an aggravated chronic nuisance property.
E.
In
the event that the City is authorized to secure the property or otherwise
abate a chronic nuisance property or an aggravated chronic nuisance
property, all costs reasonably incurred by the City to affect a closure
or abate the nuisance shall be assessed against the owner. The City
shall submit a statement of costs to the Court for its review. If
no objection of the statement is made within the period described
by the Court, or if the Court, after objection is made, determines
that the statement of costs is accurate, the Court shall approve such
costs.
F.
Any
person who is assessed the cost of abatement or civil penalty by the
Court shall be personally liable for the payment thereof to the City.
If payment is not made, the City may pursue all available collection
procedures, including, but not limited to, the filing of a lien on
the property found to be a chronic public nuisance or an aggravated
chronic nuisance, a civil collection action, or requesting a Court
to find the owner in contempt of Court for non-payment of such costs.
G.
A tenant
is entitled to his or her reasonable relocation costs from the owner,
as those are determined by the Court if, without actual notice, the
tenant moved into the property, after the owner received notice as
described herein of the Police Chief's determination as described
above.
[Ord. No. 4471, 3-20-2023]
A.
When the Chief of Police receives two (2) or more police reports documenting the occurrence of an actual or potential aggravated chronic or chronic nuisance activity on or within a property, the Chief of Police shall independently review such reports to determine whether they describe acts set forth in Section 219.010 of this Chapter. Upon such findings, the Chief may:
1.
Notify the owner, in writing, that the property is in danger of becoming
a chronic nuisance property. The notice shall contain the following
information:
a.
The street address or a legal description sufficient for identification
of the property.
b.
A statement that the Chief of Police has information that the property
may be a chronic nuisance property, with a concise description of
the nuisance activities that may exist, or that have occurred. The
Chief of Police shall offer the person in charge an opportunity to
propose a course of action that the Chief of Police agrees will abate
the nuisance activities giving rise to the violation(s).
c.
Demand that the owner respond to the Chief of Police within ten (10)
days to discuss the nuisance activities.
2.
After complying with the notification procedures described herein,
when the Chief of Police receives a police report documenting the
occurrence of a third nuisance activity at or within a property and
determines that the property has become a chronic nuisance property,
the Chief of Police shall:
a.
Notify the owner, in writing, that the property has been determined
to be a chronic nuisance property. The notice shall contain the following
information:
(1)
The street address or legal description sufficient for identification
of property.
(2)
A statement that the Chief of Police has determined the property
to be a chronic nuisance property with a concise description of the
nuisance activities leading to his/her findings.
(3)
Demand that the owner respond within ten (10) days to the Chief
of Police and propose a course of action that the Chief of Police
agrees will abate the nuisance activities giving rise to the violation.
(4)
Service shall be made either personally or by first class mail,
postage prepaid, return receipt requested, addressed to the owner
at the address of the property believed to be a chronic nuisance property,
or such other place which is likely to give the person in charge notice
of the determination by the Chief of Police.
(5)
A copy of the notice shall be served on the owner at such address
as shown on the tax rolls of the County or the occupant, at the address
of the property, if these persons are different than the owner, and
shall be made either personally or by first class mail, postage prepaid.
(6)
A copy of the notice shall also be posted at the property after
ten (10) days has elapsed from the service or mailing of the notice
to the owner and the owner has not contacted the Chief of Police.
b.
The failure of any person to receive notice that the property may
be a chronic nuisance property shall not invalidate or otherwise affect
the proceedings under this Chapter. The notification procedures set
forth in this Section (219.030) need not be followed in cases of aggravated
chronic public nuisances.
c.
After the notification, but prior to the commencement of legal proceedings by the City pursuant to this Chapter, an owner may stipulate with the Chief of Police that the owner will pursue a course of action the parties agree will abate the nuisance activities giving rise to the violation. In addition to the abatement of the conditions leading to a designation of the property as a chronic nuisance or an aggravated chronic nuisance, the owner may also be required to stipulate to the abatement of violations of the International Property Maintenance Code (as adopted in Chapter 500 Article I, Section 500.010(A)(3)(g) of the Code of Ordinances of the City of Lake Saint Louis City); If the agreed course of action does not result in the abatement of the nuisance activity or if no agreement concerning abatement is reached within thirty (30) days, the Chief of Police shall request authorization for the City Attorney or designee to commence a legal proceeding to abate the nuisance.
d.
Concurrent with the notification procedures set forth herein, the
Chief of Police shall send copies of the notice, as well as any other
documentation which supports legal proceedings, to the City Attorney
or designee.
[Ord. No. 4471, 3-20-2023]
A.
The City Attorney or designee may commence an action to abate a chronic nuisance or an aggravated chronic nuisance as described in Section 219.010.
B.
In
an action seeking abatement of a chronic nuisance property, the City
shall have the initial burden of showing by preponderance of the evidence
that the property is a chronic nuisance property or an aggravated
chronic nuisance property.
C.
It
is a defense to an action seeking the closure of a chronic nuisance
property or an aggravated chronic nuisance property that the owner
of the property at the time in question could not, in the exercise
of reasonable care or diligence, determine that the property had become
a chronic nuisance property or an aggravated chronic nuisance property,
or could not, in spite of the exercise of reasonable care and diligence,
control the conduct leading to the findings that the property is a
chronic nuisance property or an aggravated chronic nuisance property.
[Ord. No. 4471, 3-20-2023]
A.
In the event that it is determined that the property is an immediate threat to the public safety and welfare, the City may apply to the Court for such interim relief, as is deemed by the Chief of Police to be appropriate. In such an event, the notification provision set forth in Section 219.030 above need not be complied with; however, the City shall make a diligent effort to notify the person in charge prior to a Court hearing.
B.
In the event that the Court finds the property constitutes a chronic nuisance property or an aggravated chronic nuisance property and finds that the property is an immediate threat to the public safety and welfare, the Court may order the remedies set forth in Section 219.020 of this Chapter. In addition, in the event that it also finds the person in charge had knowledge of activities or conditions of the property constituting or violating this Chapter and permitted the activities to occur, the Court may assess a civil fine as provided above.
[Ord. No. 4471, 3-20-2023]
When a property is deemed a chronic nuisance or aggravated chronic
nuisance, as defined in this Chapter, annual inspections are required.
The owner of the property shall schedule an annual inspection with
the Chief Building Official or their designee. Failure to schedule
an annual inspection, during the time when the property is deemed
a chronic nuisance or aggravated chronic nuisance as defined in this
Chapter, shall be a separate violation. Once the property is no longer
deemed a chronic nuisance or aggravated chronic nuisance, as defined
in this Chapter, and the nuisances have been remedied, annual inspections
are no longer needed.
