[Ord. No. 25-15, 10-18-2025]
As used in this Chapter the following terms shall have the meanings indicated:
NUISANCE
A continuing act or physical condition which is made, permitted, or allowed by any owner on any premises or public property which is injurious or detrimental to the health, safety, welfare, or convenience of the inhabitants of the Village, or any act or condition so designated by Statute or ordinance.
OWNER
The person or entity whose name is listed on the last deed recorded at the office of the Recorder of Deeds, on the tax records at the Franklin County Assessor's Office, and, when necessary and appropriate, any person in the care, custody, or control of said premises, including any tenant, occupant, or transient user thereof, and any agent, servant, or abettor of such person.
PREMISES
Any parcel of real property, any building or structure located on real property, any personal property, such as a car, trailer, camper, etc., and any portion of the public way that abuts or supports such premises when it is used in conjunction therewith for the commission of nuisance activity.
[Ord. No. 25-15, 10-18-2025]
A. 
Defined. A criminal nuisance exists when premises are used for more than one (1) of the following incidents within the previous twelve (12) months:
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), weapon(s) or explosive device(s);
4. 
Prostitution;
5. 
Illegal gambling;
6. 
The illegal sale, distribution or consumption of alcoholic beverages;
7. 
Any other condition or activity prohibited by the Village Code of Ordinances or by State or Federal law and injurious or detrimental to the health, safety, welfare or convenience of the inhabitants of the Village; or
8. 
The violation of municipal, State or Federal business licensing regulations.
B. 
Violation And Notice.
1. 
No owner shall make, keep, permit or allow a criminal nuisance on any premises.
2. 
Whenever a criminal nuisance exists on any premises, written notice shall be given to the owner. The notice shall:
a. 
Be accompanied by a copy of this Chapter;
b. 
Identify the activities or conditions constituting the nuisance and shall direct the owner to immediately abate the nuisance;
c. 
Inform the owner that any recurrence of the nuisance so specified or any occurrence of another criminal nuisance on the premises within the following twelve (12) months may lead to criminal prosecution and administrative enforcement under this Chapter; and
d. 
Provide the owner with a reasonable opportunity to meet with a Village representative to discuss the nuisance and the need for abatement measures.
3. 
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.
4. 
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 criminal nuisance, and
b. 
Subject to administrative enforcement of this Article as provided herein.
C. 
Prosecution. 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 Chapter. 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 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 criminal nuisance 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.
D. 
Administrative Enforcement.
1. 
If additional nuisance activity occurs on the noticed premises within twelve (12) months of the date of the notice, the Village initiates an administrative hearing to ensure the abatement of the criminal nuisance. Administrative enforcement may be pursued in addition to or in lieu of criminal prosecution.
2. 
The Board of Trustees designee shall issue a notice of hearing to the owner of the subject premises. The notice shall be in writing and either sent by First Class United States 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:
a. 
Be accompanied by a copy of this Chapter;
b. 
Identify the activities or conditions constituting the nuisance and shall direct the owner to immediately abate the nuisance;
c. 
Provide the time, date and location at which the hearing is to be conducted; and
d. 
Provide the owner with a reasonable opportunity to meet with a City representative to discuss the nuisance, the need for abatement and the hearing.
3. 
The Board of Trustees or its designee shall serve as Hearing Officer and shall be represented by the Village Attorney. The Hearing Officer:
a. 
May grant continuances on application and a finding of good cause; and
b. 
May issue subpoenas to secure the attendance and testimony of relevant witnesses and the production of relevant documents.
4. 
Conduct Of The Hearing.
a. 
The Hearing Officer shall:
(1) 
Take all testimony under oath or affirmation;
(2) 
Ensure that the hearing is recorded, whether by tape recording, digital recording or a court reporter; and
(3) 
Conduct the hearing in accord with Section 536.070, RSMo., with regard to the rules of evidence. objections, witnesses, judicial notice, affidavits as evidence and the transcript requirements of the hearing;
b. 
The case for the Village shall be presented by the Prosecuting Attorney, and the Village shall prove, by a preponderance of the evidence, that criminal nuisance activity as defined herein has occurred and has recurred on the noticed premises within twelve (12) months of the date of the original notice;
c. 
Proof of a germane conviction under this Article shall be prima facie evidence of the occurrence or recurrence of criminal nuisance activity;
d. 
The owner may appear and be represented by an attorney, who shall file a written appearance with the Hearing Officer, and the owner may offer evidence and cross-examine the Village's witnesses;
e. 
The owner shall have the opportunity to:
(1) 
Contest the occurrence and recurrence of the criminal nuisance;
(2) 
Show cause as to why, if a nuisance is found, administrative enforcement is not otherwise necessary or appropriate;
(3) 
Submit evidence or argument concerning possible administrative remedies, and the severity and extent thereof, if a nuisance is found; and
(4) 
Offer such further evidence and argument as may be relevant to the proceedings.
5. 
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.
a. 
If the Hearing Officer finds that the Village has failed to carry its burden of proof on whether criminal nuisance activity has occurred or recurred, there shall be no administrative enforcement.
b. 
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 of eviction proceedings 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.
c. 
The Hearing Officer's order shall inform the owner of the right to seek judicial review as provided in Section 536.100 to 536.140, RSMo.
d. 
The Village shall maintain a record of all criminal nuisance hearings, which shall include:
(1) 
The recording of the testimony presented at the hearing;
(2) 
All exhibits submitted as evidence at the hearing; and
(3) 
A copy of the findings of fact, conclusions of law and order.
6. 
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:
a. 
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 the Village. It is unlawful for any person to occupy or use any premises ordered to be closed under this Article.
b. 
Prior to any re-occupancy, 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 Article.