[Ord. No. 26-01-04, 1-5-2026]
A. 
The City Council makes the following legislative findings:
1. 
Chronic unlawful activity on property materially and adversely affects the peace, safety, and welfare of residents, businesses, and visitors throughout the community.
2. 
Repeated criminal conduct and disruptive behavior on properties places an undue burden on City resources, including law enforcement, code enforcement, and emergency services, diverting them from other critical public needs.
3. 
Traditional criminal prosecution alone is not always sufficient to prevent recurring unlawful activity nor to mitigate the public harms associated with chronic nuisance properties.
4. 
It is in the public interest to require property owners to exercise reasonable diligence in managing and maintaining their properties to prevent unlawful, dangerous, or disruptive activity by tenants, occupants, guests, or other persons present on the property.
5. 
Holding property owners accountable for chronic nuisance activity is essential to protecting public health, safety, and welfare, preserving property values, maintaining neighborhood stability, and supporting the economic vitality of the City.
6. 
The purpose of this Article is to establish a fair, effective, and efficient process for identifying, addressing, and abating chronic nuisance properties, thereby promoting responsible ownership, enhancing neighborhood livability, and safeguarding the City's long-term prosperity.
7. 
This Article applies to all property types within the City, including but not limited to residential, commercial, industrial, and institutional properties.
[1]
Editor's Note: Former Section 235.140, Chronic Nuisance Properties, was amended by Ord. No. Ord. No. 26-01-04. Prior history includes Ord. No. 23-06-03.
[Ord. No. 26-01-04, 1-5-2026]
A. 
A "chronic nuisance property" means any property, whether residential, commercial, industrial, or institutional, or any structure or portion thereof, upon which two (2) or more nuisance activities occur within any one hundred eighty (180) day period, whether committed by the owner, occupant, tenant, or any other person whose activities on, in, or adjacent to the property and are reasonably attributable to the property's use, occupancy, or condition. Nuisance activities include, but are not limited to, the following:
1. 
The commission of acts prohibited by Federal or State law resulting in two (2) or more felony arrests, and where such acts materially and adversely affect the public safety, health, or welfare of persons residing in, using, or conducting business in the surrounding area.
2. 
The manufacture, distribution, sale, or use of controlled substances prohibited by Federal law, State statute, or City ordinance.
3. 
Incidents of disorderly conduct, public urination/defecation, peace disturbance, or assault.
4. 
Any sexual offense under Chapter 566, RSMo., or Article IX, Ch. 230, of this Code.
5. 
Any prostitution related offense under Chapter 567, RSMo.,
6. 
Any violation of the liquor control law, Chapter 311, RSMo., or the alcoholic beverages ordinance, Chapter 600 of this Code.
7. 
Trespass under Section 569.140, RSMo., or Section 230.360 of this Code.
8. 
Any arson or related offense under Section 569.040 through 569.065, RSMo., or reckless burning or exploding under Section 230.380.
9. 
Gambling under Chapter 572, RSMo.
10. 
Discharge or brandishing of a firearm under Section 230.280 of this Code and unlawful use of weapons and armed criminal action under Chapter 571, RSMo.
11. 
Incidents of harassing or intimidating behavior, such as by blocking the path of persons passing by or making comments intended to frighten nearby inhabitants or persons passing by the property.
12. 
Noise violation under Chapter 240 of this Code.
13. 
Tampering, vandalism, or property damage offenses under Article VII, Ch. 230, of this Code.
14. 
Any instance in which a property owner, business, tenant, occupant, or person in control of property knowingly permits, authorizes, allows, facilitates, promotes, or fails to take reasonable steps to prevent camping on the property when such activity is not permitted by the City's Zoning Code or is inconsistent with the permitted uses of the zoning district. For purposes of this Subsection, "camping" means: a) sleeping or preparing to sleep on the property, including laying down bedding, sleeping bags, mattresses, pallets, or similar materials; b) erecting, maintaining, or occupying any tent, tarp, lean-to, shack, temporary structure, shelter, or similar assemblage; c) using a vehicle, including an automobile, recreational vehicle, trailer, camper, or similar conveyance, for living or sleeping accommodations; d) storing or maintaining personal property associated with temporary living accommodations, including bedding, clothing, cookware, or other household items; or e) any activity that, under the totality of circumstances, reasonably appears to constitute temporary living accommodations on the property.
[Ord. No. 26-01-04, 1-5-2026]
A. 
It is unlawful for any owner, occupant, or person in control of any property, premises, lot, tract, or parcel of land to cause, permit, maintain, or allow a chronic nuisance to exist on or be associated with such property. This Section shall not be construed to discourage or penalize individuals who are victims of crime or who, in good faith, seek assistance from law enforcement or other emergency services.
B. 
No enforcement action or abatement shall be ordered against an individual who was a victim in whole or in part of the incidents that formed the basis of the nuisance enforcement action. No occupancy permit revocation or other abatement measure against an individual will be predicated upon the mere fact that such individual called for police or emergency services. The notice of a nuisance hearing shall include notice of the provisions of this Section. Any decision or related order in a nuisance proceeding imposing enforcement or abatement action with respect to an individual shall make a finding whether that individual is a victim and may be the subject of such enforcement or abatement action.
C. 
It shall be unlawful for any person to:
1. 
Fail to obey an abatement order issued under this Article;
2. 
Interfere with any Police Officer, agent or employee of the City who is enforcing an abatement order issued under this Article; or
3. 
Occupy or use or allow another to occupy or use property that has been closed by an abatement order issued under this Article.
D. 
Defenses.
1. 
In any prosecution or abatement action under this Article, it shall be an affirmative defense that the property owner has evicted or is diligently attempting to evict all tenants, lessees, or occupants of the property that committed each alleged nuisance activity that caused the property to become a chronic nuisance property.
2. 
In any prosecution or abatement action under this Article, it shall be an affirmative defense that the property owner has diligently pursued reasonable means to avoid a recurrence of violations similar to the alleged nuisance activities that caused the property to become a chronic nuisance property.
[Ord. No. 26-01-04, 1-5-2026]
A. 
Before any property is determined to be a chronic nuisance property, the Police Chief must notify the property owner in writing that nuisance activities have occurred and that the property is in danger of becoming a chronic nuisance property. The notice shall identify the property and describe the alleged nuisance activities in detail including the dates on which the alleged nuisance activities occurred. The notice shall instruct the property owner to respond to the notice within 15 days either disputing the allegations of nuisance activities or proposing a plan to abate the nuisance activities. The notice shall be served on the property owner by first-class mail or by personal service.
B. 
The Police Chief shall meet with any property owner who requests a meeting to dispute an allegation of nuisance activity or to discuss a plan to abate the nuisance activities. The property owner shall be notified of the position of the Police Chief on all disputed allegations of nuisance activity within thirty (30) days after the meeting.
C. 
If, after the property owner has been given the opportunity to meet with the Police Chief, the Police Chief still believes that the property is a chronic nuisance property, the Police Chief may submit a report on the matter to the City Manager for abatement or to the City Prosecutor for prosecution, or both. The Police Chief may defer referring a chronic nuisance property to the City Manager or the City Prosecutor if the property owner has presented an abatement plan satisfactory to the Police Chief and has made good faith efforts to implement the plan.
[Ord. No. 26-01-04, 1-5-2026]
A. 
If, after reviewing the Police Chief's chronic nuisance property report, the City Manager determines that the proper procedures have been followed and that there is reason to believe that the property is a chronic nuisance property, the City Manager shall hold a hearing to determine whether a chronic nuisance exists and whether and how it should be abated.
B. 
At least 15 days' notice shall be given of such hearing to the owner and occupant of the premises upon which the alleged nuisance exists, or to such person's agent, and to mortgagees of record. Such notice shall be given by first-class mail or by personal service, and by posting on the property, if feasible. The notice shall state the time, date, and location of the hearing, identify the property and describe the alleged nuisance activities in detail including the dates on which the alleged nuisance activities occurred, and contain the notice as required by Section 235.142(B).
C. 
Following the hearing, the City Manager shall make a written determination as to whether the property is a chronic nuisance property. If, after considering all evidence, the City Manager determines that the property is a chronic nuisance property and that the procedures were followed, the City Manager shall effect the abatement of the chronic nuisance by any measures necessary to cause its cessation and the prevention of its recurrence, including but not limited to the revocation of occupancy permits, liquor licenses, or business licenses for a period not to exceed six (6) months, the closure of the premises where the nuisance has occurred for a period not to exceed six (6) months, physically securing the property, or suspension of City utility services during the period of closure. If there is more than one (1) unit, space, or premises on the property, the City Manager shall close only the unit, space, or premises whose occupants, invitees, or users have engaged in the nuisance activities. The City Manager shall consider the following factors in determining whether to close a chronic nuisance property:
1. 
The level of cooperation of the property owner and occupants in attempting to prevent nuisance activities;
2. 
The nature and extent of the nuisance activities;
3. 
The impact of the nuisance activities on neighbors and others; and
4. 
Any actions taken to avoid further nuisance activities connected with the property.
D. 
The City Manager may, at his/her discretion, order a temporary stay of abatement to allow the property owner or responsible party an opportunity to submit and implement an acceptable plan of abatement. The stay shall remain in effect only so long as the City Manager determines that substantial progress is being made toward abatement. If an acceptable plan is not submitted within the time prescribed by the City Manager, or if the plan is not diligently implemented according to its terms, the City Manager may lift the stay and proceed with abatement without further notice.
E. 
If the owner does not obey the order of the City Manager, the City may suspend any landlord license held by the owner, until the owner has complied with that order.
F. 
It shall be unlawful to remove an order posted on the property.
G. 
It shall be unlawful for any owner, landlord, or lessor of property, or any person acting as their agent, to terminate, refuse to renew, increase charges, reduce services, or otherwise retaliate against any tenant, lessee, occupant, or other person lawfully associated with a property because that person: made a complaint to the City regarding the condition, maintenance, or operation of the property; or cooperated with or provided information to City officials in connection with the enforcement of this Article. It shall likewise be unlawful for any such person to intimidate, harass, or actively discourage any tenant, lessee, occupant, or other person lawfully associated with a property from exercising their rights under this Article or from cooperating with the City. It shall be presumed that any attempt to increase charges, reduce services, harass, or otherwise retaliate against the tenant, lessee, or occupant during the six (6)-month period following receipt of the complaint by the City constitutes unlawful retaliation under this Subsection. Such presumption may be rebutted by a preponderance of the evidence that the actions taken were based upon good cause. Notwithstanding the foregoing, a tenancy or occupancy may be terminated for failure to pay rent; commission of an activity defined as a nuisance under this Article; commission of waste upon the premises; or violation of the terms and conditions of the lease or occupancy agreement. A landlord's or lessor's failure to renew a lease or occupancy agreement upon its expiration shall not, by itself, be deemed a violation of this Subsection.
[Ord. No. 26-01-04, 1-5-2026]
A. 
When title to property is conveyed, any nuisance activity that occurred before the conveyance shall not be used to establish the property as a chronic nuisance property unless the reason for the conveyance was to avoid a determination that the property was a chronic nuisance property.
B. 
There shall be a rebuttable presumption that the conveyance was made to avoid a chronic nuisance determination if:
1. 
The property was conveyed for less than fair market value;
2. 
The property was conveyed to an entity controlled by a person conveying the property;
3. 
The property was conveyed to a relative of a person conveying the property.
[Ord. No. 26-01-04, 1-5-2026]
A. 
The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this Article and abating chronic nuisances. In addition to any other remedies provided by law, the City Attorney, or other appropriate authority of the City, may institute civil proceedings for injunction, mandamus, abatement, or any other appropriate legal or equitable relief to restrain, correct, or abate any chronic nuisance, to prevent the occupancy or use of any property found to constitute a chronic nuisance, or to otherwise prevent unlawful acts, conduct, business, or conditions that materially endanger the public health, safety, or welfare. Civil actions may seek orders to compel compliance with any abatement plan approved by the City, to recover costs incurred by the City in abating the nuisance, to impose civil penalties as authorized by ordinance or law, and to obtain any other appropriate relief necessary to protect the peace, safety, and welfare of the community.
B. 
Any violation of this Article may be punishable as provided in City Code Section 100.150.
C. 
The remedies provided in this Article shall be cumulative and not exclusive, and the City may pursue any combination of remedies or enforcement actions authorized by this Article or by law.