Article I In General

[Ord. No. 5213, 11-3-2025]

Proceedings before a hearing officer in which legal rights, duties or privileges of specific parties are required to be determined after a hearing on the record. Parties are entitled to notice of the issues; to present evidence and testimony, under oath, including cross-examination; secure witnesses by subpoena; adherence to evidentiary rules; and, a copy of the written decision as rendered.

CONTINUING VIOLATION

Each day that a nuisance violation continues, after notice and a reasonable time to rectify has been given, shall be deemed a separate offense.

DEFENSE

It is an affirmative defense to a charge of permitting, maintaining or allowing the creation or maintenance of a nuisance in violation of this code, that the defendant did not have the legal right to control the location where the alleged violation occurred.

ENFORCEMENT OFFICER

Any persons designated by the City to enforce the provisions of this nuisance code, including City Law Enforcement Officers. The administration and enforcement of Sections 215.010 through 215.035 shall be the duty of the Enforcement Officer designated as the code official(s) for the purposes of this code. The code official is hereby authorized to take such action as may be reasonably necessary to enforce the provisions of this code.

HEARING OFFICER

The City Administrator or the Municipal Judge are authorized to conduct contested hearings which may be required under the provisions of this code.

INSPECTING PRIVATE PROPERTY

Except for exigent circumstances, enforcement officials shall not enter and inspect private property without the consent of an owner or occupant of the property OR unless authorized to enter upon and/or into such property pursuant to an administrative search warrant issued by the Municipal Judge. A search warrant, however, shall not be required to enter and inspect any place where the public is invited.

LIABILITY

Any officer, official or employee charged with the enforcement of this code, while acting on behalf of the City, shall not thereby render such individual personally liable, and such person is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act performed in the discharge of official duties. Any suit instituted against any officer, official or employee because of an act performed by that officer, official or employee in the lawful discharge of duties and under the provisions of this City Sections 215.010 through 215.035 or other code shall be defended by the City of Dexter until the final termination of the proceedings. The officer, official or employee shall not be liable for costs or damages in any action, suit or proceeding that is instituted as a result of actions taken under the provisions of this code and shall be held harmless for any assessed damages or costs by the City; and any officer, official or employee acting within the scope of employment and in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. Nothing contained herein shall be deemed a waiver of the immunities and protection afforded to the City, its officers, officials or employees pursuant to State and Federal law.

LIABILITY FOR NUISANCE

It is the duty of every owner of property within the City, as well as the owner's agent in charge of the property and every tenant and occupant of the property, to maintain the property free of nuisances.

PRIVATE PROPERTY

Any property, not owned by the City of Dexter, that is within the corporate limits of the City of Dexter or within one-half (1/2) mile of the boundaries thereof.

REMEDIES NOT EXCLUSIVE

The remedies set forth in this code Section are cumulative and not exclusive. The City may pursue any available civil remedies in addition to prosecuting violations in Municipal Court and by following the abatement procedures in this code.

[1]

Editor's Note: Former Section 215.020, Nuisances Forbidden, was repealed 11-3-2025 by Ord. No. 5213. Prior history includes CC 1974 § 74.005.

Section 215.011 Authorization And Issuance Of Administrative Search Warrants.

[Ord. No. 5213, 11-3-2025]

An administrative search warrant is a written order of the Municipal Judge commanding the search or inspection of any property or buildings or structures, place or thing and the photographing, copying or recording of property or physical conditions found thereon or therein to determine or prove the existence of violations of any ordinance or code of the City relating to the use, condition or occupancy of property, buildings or structures located within the City or to enforce the provisions of any such ordinance or code.

Prior to requesting a search warrant, the Enforcement Officer shall request consent from the owner or occupant of the building, structure, premises, or property for permission to enter upon or into such property to inspect for any ordinance or code violations. If the owner or occupant refuses to allow such inspection or if, after a good faith effort to locate such person, such person cannot be located to request such consent then the code official may proceed to request an administrative search warrant.

If an application in writing is filed by any Enforcement Officer or Law Enforcement Officer of the City with the Municipal Judge, stating that there is probable cause to believe that a certain building, structure, premise or property, more particularly described therein, is or may be in violation of this nuisance ordinance or code and is within the City limits, and if such application is verified by the oath or affirmation stating evidentiary facts from which such judge determines the existence of probable cause, then such judge shall issue a search warrant directed to the Enforcement Officer or Law Enforcement Officer commanding that the official enter in or upon such property and search the building, structure, premises or property therein described.

Such search warrant shall be executed and returned within ten (10) days after the date of issuance. The Enforcement Officer shall make a return promptly after conducting the search, and such return shall contain an itemization of all violations of the nuisance ordinances or code discovered pursuant to the search.

The refusal to admit any code official to a building, structure, property or premises when the code official is in possession of a lawful search warrant authorizing and commanding that the code official be allowed to enter thereon or therein is hereby declared a Municipal Code violation and upon conviction the offender shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or three (3) months in jail or both such fine and imprisonment.

Section 215.012 Nuisances Prohibited.

[Ord. No. 5213, 11-3-2025]

It shall be unlawful for any person, trust, legal entity or any unincorporated association to permit, cause, keep, maintain, create or do any nuisance as defined by the laws of this State or this City code or any other ordinances of the City of Dexter, or cause or permit to be committed, caused, kept, maintained or done any such nuisance within the boundaries of the City of Dexter or within one-half (1/2) mile of the boundaries thereof.

Section 215.020 Nuisances Enumerated.

[CC 1974 §74.020; Ord. No. 4540 §2, 11-17-2008; Ord. No. 5213, 11-3-2025]

The following are declared to be nuisances:

Any acts done or committed or suffered to be done or any substance or thing kept, maintained, placed or found in or upon any public or private place or property, real or personal, which is injurious, dangerous, unsafe, offensive or detrimental to the health, life, safety or welfare of the general public.

All buildings or structures that have any of the following conditions or defects are declared public nuisances:

Those structures which have been damaged by fire, earthquake, tornado, wind, flood, vandals or other cause, so as to be unfit for human occupancy, injurious, dangerous, unsafe, offensive, or detrimental to the life, health, property, safety, or welfare of any occupants or the general public.

Those structures which due to neglect, damage, deterioration, dilapidation, abandonment, vandalism, being unsecured or by any other cause are injurious, dangerous, unsafe, offensive, or detrimental to the life, health, property, safety, or welfare of any occupants or the general public.

Those structures which because of disrepair, lack of maintenance, lack of sanitary facilities, lack of operable water, electric or sewer, lack of proper plumbing or heating or by any other cause are determined to be unsafe, unsanitary, or unfit for human occupancy, or in such condition that is likely to cause sickness or disease.

Those structures which are unsanitary, infested with or an attraction for vermin or rodents, or contain filth and contamination to an extent that the structure constitutes a health or safety hazard to any occupants or to the general public.

Those structures which are neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play around or enter in or upon the structure or premises or is open to unauthorized or unlawful entry by any other persons.

Those structures which because of neglect, damage, or other condition are injurious, obnoxious, offensive an annoyance, or unsightly to the public.

Those structures whose exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (1/3) of its base line.

Those structures, exclusive of the foundation, shows substantial damage or deterioration of the supporting or non-supporting members, or enclosing the outside walls or wall coverings.

Those structures which have improperly distributed loads upon the floor, or roofs, or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.

Those structures or portion or appurtenance thereof (e.g., walls, porch, chimney, signs or other) which are in such condition that they may or are likely to fail or become detached or dislodged, or to collapse and thereby injure persons or damage property.

Those structures or portions thereof that are damaged, unstable, warped, buckled, sunk in or settled to such an extent that the walls, roof or other structural portions have materially less resistance to winds, rain, snow or any other cause than is required for or expected in the case of similar new construction and/or which may or are likely to partially or completely collapse.

Those structures that because of obsolescence, dilapidated condition, deterioration or damage, are detrimental to or negatively impact the value of surrounding properties or which render such surrounding properties uninsurable or which constitute a blighting influence upon the surrounding area or which constitute an eyesore so as to deprive owners or occupants of surrounding properties of the beneficial use and comfortable enjoyment of their premises or which presents an appearance which is offensive, annoying or unsightly to persons of ordinary sensibilities.

Any structure that causes a safety hazard by obstructing the line of sight of a motor vehicle, bicyclist, or pedestrian at a street intersection.

Any items, placed, kept, stored or allowed to remain on any private property located within the City in any location outside a building or structure which can be viewed from the ground level off the premises, including, but not limited to the following:

Any furniture manufactured for indoor use only, broken furniture, household kitchenware, appliances, or other household fixtures, plumbing fixtures such as sinks, bathtubs, toilets or other such items, excessive weed cuttings, cut, damaged or fallen trees or shrubs, overgrown vegetation or noxious weeds which are seven (7) inches or more in height, rubbish, trash or other debris, bedding, boxes, broken glass, cans, cardboard cartons, machine parts, any wrecks or worn out motor vehicles, boats or other machines or parts thereof, pallets, paper, rags, scrap metal, tire rims, tires, bricks, rocks, tin, steel, lumber or other building materials that are not piled and neatly stacked at least twelve (12) inches off the ground or any other offensive or disagreeable substance or thing, scap or used lumber left, or deposited or caused or permitted to remain, be left, or deposited in such quantity or in such condition as to be offensive to the sight or smell, or a menace to health, safety, peace or comfort, or of such a nature as to be or could become harbors or breeding places for mosquitoes, ants, flies, rats, mice or other insects, animals or vermin, whether left or deposited upon private premises owned, occupied or controlled by persons causing or permitting the same.

Any of the above claimed to be arranged or displayed as an artistic exhibit notwithstanding, shall be and hereby are declared to be nuisances nonetheless.

Any inoperable and/or unregistered/unlicensed motor vehicle or any motor vehicle which is in a state of major disassembly or disrepair which is parked, kept or stored on private property. Excluding any City licensed motor vehicle towing or motor vehicle repair business.

Any grasses, weeds or other vegetation more than seven (7) inches in height located on any residential, business property or vacant lot. Excluding shrubs, trees and cultivated flowers and gardens.

Any tree, tree limb or vegetation that could interfere with the passage of motor vehicles, bicycles, or pedestrians.

Any tree, tree limb, shrubs, bushes, flowers, plants or other vegetation that causes a safety hazard by obstructing a traffic sign or the line of sight of a motor vehicle driver, bicyclist, or pedestrian at a street intersection.

Any tree or tree limb that is dead or damaged to an extent so that it is a hazard to life or property.

Any tree that harbors insects or disease that constitutes a potential threat to other trees or the general public.

10.

An accumulation of impure or stagnant water or an accumulation of material that is or could become harbors or breeding places for mosquitoes, flies, fleas, roaches, rats, mice, or other insects or animals or vermin.

11.

Any condition on properties that is or could be deemed a danger or threat to the public safety or health of the public.

12.

Any substances or conditions that emit foul, noxious, or unhealthy odor or effluvia or substances which are liable to become putrid, offensive or unhealthy which are injurious, dangerous, unsafe or offensive to the general public.

13.

All other acts, practices, conduct, business, occupation, trades, uses of property and all other things detrimental or certain to be detrimental to the health or safety of the general public.

14.

Any pursuit followed or act done or omission failed to be done by any person which is injurious, dangerous, unsafe or offensive to the general public.

15.

Any accumulation or deposit of any debris of any kind, vehicular or equipment parts, appliances, junk or material of any nature upon open ground or any accumulation of food or other materials improperly stored or disposed of inside or outside a building, where such accumulation or deposit may constitute an attractive nuisance or danger to children or a possible breeding ground for vermin, rodents and other animals.

16.

Diseased animals running at large.

17.

Any pond or pool of stagnant water or any foul or dirty water or liquid discharged through any drain pipe, spout or otherwise directed toward or flowing onto any street, alley, thoroughfare or lot which is injurious, dangerous, offensive, unhealthy or unsafe to the general public.

18.

Any obstruction placed, caused or permitted on any street, sidewalk, public or private alley which is injurious, dangerous, offensive, inconvenient, unsafe or unhealthy to the general public.

19.

Any stone, dirt, filth, vegetable matter, animal matter, yard wastes or other articles thrown or placed in or upon any street, alley, sidewalk or other public place which is injurious, dangerous, unsafe or offensive to the general public.

20.

Any residential or commercial structure in the City leased, let, rented or occupied by any person which is not sufficiently lighted, ventilated, heated or provided with water or sewer, or not kept in a clean and sanitary condition, or does not have operable doors or windows that secure the building or structure which is dangerous, injurious, obnoxious, offensive or unsafe to the general public.

21.

Any airtight or semi-airtight container of any type designed for storage which is stored, discarded or abandoned and left in any place accessible to children or the general public and which has not had the door or latching mechanism removed.

22.

Any other acts, objects or conditions on private property which are found to be detrimental to the health, life, safety or welfare of the general public.

23.

In addition to the above, any other acts, objects or conditions on private property which are found to present an appearance which is unsightly, obnoxious, offensive, unpleasant or annoying to persons of ordinary sensibilities or interferes with a person's beneficial use and comfortable enjoyment of their property or negatively impacts the character or value of the surrounding properties or area.

Section 215.030 Notice Of Violation And Order Of Abatement.

[CC 1974 §74.150; Ord. No. 4149 §1(74.150), 12-3-2001; Ord. No. 4540 §3, 11-17-2008; Ord. No. 5213, 11-3-2025]

Whenever any Enforcement Officer determines that a building or structure or any other condition on private property is a public nuisance, a Notice of Violation and Order of Abatement shall be served on the owner, occupant, mortgagee, agent and all other persons having an interest in the structure or premises as shown by the land records of the Stoddard County Recorder of Deeds who shall be parties to the action.

Such notice shall be in writing and shall:

Include a description of the property sufficient for identification.

Specify the code violation and provide a description of the condition or conditions of the property, structure or building which constitutes a public nuisance.

Specify what action must be taken to remedy the public nuisance, including a requirement that any occupants in any building or structure must immediately vacate the property.

State a time for the commencement of such work and a reasonable period of time for the completion of such work.

Advise that upon failure of the owner to timely pursue the removal or abatement of any such nuisance then the City is allowed to remedy the public nuisance either by the use of City employees or by persons under contract with the City and the cost of such remedial action shall be deemed a personal debt of the owner and will be a lien on the property until paid in full.

Advise the owner and all other interested parties that if they want to challenge the Notice of Violation and Order of Abatement then they may do so by requesting a hearing before a hearing officer within seven (7) days of the date served. The request for hearing must be in writing and received by the Dexter City Administrator at the City Administration Office within the seven (7) day period, but otherwise no particular formality is required. The owner or other interested party requesting a hearing must also include contact information including, but not limited to, their name and interest in the subject property, mailing AND resident address and phone number.

Section 215.031 Service Of Notice — Methods.

[Ord. No. 5213, 11-3-2025]

The Notice of Violation and Order of Abatement shall be served on the owner and all other interested parties either by personal service or by certified or registered mail, return receipt requested. If service cannot be obtained by either of these methods of service, then service may be had by publication in a newspaper of general circulation in the County where the City is located, once a week for four (4) consecutive weeks, and, further, in the event of publication, a copy of the aforesaid notice and order shall be left with the individual, if any, in possession of the property on which it is alleged such public nuisance exists, or if there is no such individual in possession thereof, the Enforcement Officer shall cause a copy of the aforesaid notice to be posted on any structure located on the premises.

Section 215.032 Standards For Buildings And Structures.

[Ord. No. 5213, 11-3-2025]

If a building or structure is declared to be a public nuisance as above set forth and found to be detrimental to the health, life, safety or welfare of any occupants or the general public as herein set forth, it shall be ordered that the building or structure be vacated and undergo mandatory demolition and removal or mandatory repair and maintenance.

Section 215.033 Failure To Comply With The Notice Of Violation And Order Of Abatement.

[Ord. No. 5213, 11-3-2025]

Upon failure of the owner or interested party to timely request a hearing or commence the required action or work within the time specified in the Notice of Violation and Order of Abatement issued by the Enforcement Officer or upon failure to proceed continuously with the required action or work without unnecessary delay in order to complete the work within the specified period of time, the Enforcement Officer shall request and call for and have a full hearing upon the matter.

Section 215.034 Notice Of Hearing.

[Ord. No. 5213, 11-3-2025]

Whenever the Enforcement Officer calls for or an owner requests a hearing, the officer shall give at least ten (10) days written notice of the hearing to the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in the structure or premises as shown by the Stoddard County Recorder of Deeds.

Such notice shall:

Include a description of the property sufficient for identification;

State the time, date and place of the hearing;

State who shall preside at the hearing;

State that the notice is being given regarding the Notice of Violation and Order of Abatement previously served.

The written notice of hearing shall be hand-delivered to the property owner and all other interested parties or mailed to the address provided by the owner or other interested party in the request for hearing. Notice shall be presumed received five (5) days after mailed. The Enforcement Officer shall also cause a copy of the aforesaid notice to be posted on any structure located on the premises.

Hearing Procedure. The hearing officer shall preside over the hearing and shall cause the hearing to be suitably recorded and preserved. Any party may have a copy of all or any part of the record upon payment of a reasonable charge for reproduction. All parties must make oral entry of appearance for the benefit of the record. Oral evidence shall be taken only on oath or affirmation. Any party may be represented by counsel. All parties shall be given a full, fair and adequate opportunity to be heard.

Order Of The Hearing Officer.

After hearing, if the evidence supports a finding that a nuisance or violation exists as set forth in Sections 215.010 through 215.035 or in the Notice of Violation and Order of Abatement, whether a condition of property or condition of a building or structure, the hearing officer shall make written and specific findings of fact based upon competent and substantial evidence finding such and enter an order of abatement directing the property owner or other interested party to abate such nuisance commanding such person to do so within such time as the hearing officer deems appropriate under the circumstances, or in the alternative or in addition to, the hearing officer may enter an order for the City to abate the nuisance or violation.

The Order shall further provide that if the work or act ordered by the hearing officer is not done as ordered within the time specified in the order, and if no appeal of the Order is pending, then such fact shall be certified to the Enforcement Officer or other City official. The Enforcement Officer or other City official shall review such Order and certified facts and may make arrangements for the work or act required by the Order to be done either by City employees or by persons under contract with the City.

If a building or structure is declared to be a public nuisance and found to be detrimental to the health, safety or welfare of any occupants or the general public it shall be ordered that the building or structure be vacated and either demolished and removed by the owner or that the owner take immediate action to repair and maintain such building or structure.

The Order shall further provide that if an owner fails or refuses to perform mandatory repairs and maintenance on a building or structure once ordered to do so by the hearing officer, then the City may, at its option, demolish and remove the building or structure as hereinafter provided. When an owner fails or refuses to repair and maintain a building or structure after being ordered to do so by the hearing officer and the City Council and City Administrator are so notified and find that repair and maintenance of the building or structure by the City of Dexter is not economically feasible, then the Enforcement Officer or other City official shall make arrangements for the building or structure to be demolished and removed.

The Order shall further provide that if the property owner or occupant will not consent to entry upon the property to perform the work ordered by the hearing officer then City employees or persons under contract with the City shall have the right of entry for that purpose into and upon any premises to perform the work and fully enforce the Order. It shall be unlawful for any person to interfere with any person engaged in the abatement of any nuisance found pursuant to such Order and such interference is hereby declared a Municipal Code violation and upon conviction the offender shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or three (3) months in jail or both such fine and imprisonment.

If the evidence does not support a finding that a nuisance or violation exists, then no abatement order shall be issued.

Immediately upon reaching a decision, the hearing officer shall give written notice of the decision by delivering or mailing a copy of the issued findings of fact and order to each party, or the party's attorney of record, if notice of the decision cannot be obtained by either of these two (2) modes of service, then service may be had by posting a copy of the written Order and findings of fact upon the affected property.

Appeals. An aggrieved party may appeal the hearing officer's order to the Circuit Court of Stoddard County, Missouri, pursuant to the procedure established in Chapter 536, RSMo.

Special Tax Bills Or Assessments.

If the owner or occupant fails to perform the work ordered by the hearing officer, then the City may make arrangements for the work to be completed and the actual cost of the performance, including administrative costs, shall be submitted to the owner of the property. If the charge is not paid within thirty (30) days of receipt, the actual cost of performance, including administrative costs shall be certified to the City Clerk.

If the certified costs are for the removal of debris or other nuisance conditions on private property as set forth above, then the City Clerk shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, at the City's option, for the property and the certified cost shall be collected by the City Collector or other official collecting taxes in the same manner and procedure for collecting real estate taxes. If the certified costs are not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from date of issuance shall be a personal debt against the property owner and shall also be a lien on the property until paid.

If the certified costs are for the demolition, reconditioning, repair or cleanup of a building or structure, then the City Clerk shall cause the certified costs to be included in a special tax bill or assessment therefor against the property to be prepared and collected by the City Collector or other official authorized to collect taxes on said property. If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from date of issuance shall be a personal debt against the property owner and shall also be a lien on the property until paid. At the written request of the property owner the tax bill or assessment for the demolition, reconditioning, repair or cleanup of buildings or structures may be paid in installments over a period of not more than ten (10) years.

Any tax bill or assessment issued pursuant to this Section shall bear interest from the date of issuance at the rate of ten percent (10%) per annum for the first two (2) years and twelve percent (12%) per annum thereafter.

Emergency Power. Notwithstanding any other Section of this code, in any case where, in the opinion of the Enforcement Officer, it reasonably appears there is an immediate danger to the health, safety or welfare of any person or the public, the Enforcement Officer may take or order emergency action to vacate and repair or demolish and remove any building or structure or other condition on any private property constituting a nuisance. The actual cost of performance shall be collected as provided above.

Placarding. Any building or structure or other condition of any private property determined by the Enforcement Officer to be a public nuisance may be posted with a placard by the Enforcement Officer. The placard shall include the following information in the form prescribed by the City Administrator: Name of City; name and address of the Enforcement Officer; Section of this code violated; if required to be vacated, an order that the building, structure, or premises or affected part, must remain vacated until the violations are corrected and the order to vacate is withdrawn by the Enforcement Officer; date the placard is posted; and a statement of the penalty for defacing or removing the placard.

Removal Of Placard. No person shall deface or remove any placard posted by the Enforcement Officer except by written authority from the City Administrator.

Prohibited Occupancy. No person shall occupy a placarded premise in violation of an order that it be vacated and no owner or person responsible for the premises shall allow anyone to occupy such a placarded premises.

Transfer Of Ownership.

It shall be unlawful for the owner of any building, structure or real property who has knowledge of a nuisance or violation being found by an Enforcement Officer or has received or been served a Notice of Violation and Order of Abatement to sell, transfer, mortgage, lease or otherwise dispose of the such building, structure or property to another until the provisions of the Notice of Violation and Order of Abatement have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any Notice of Violation and Order of Abatement issued by the Enforcement Officer and shall furnish to the Enforcement Officer a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such Notice of Violation and Order of Abatement agreeing to and fully accepting the responsibility without condition for making the corrections, repairs or demolition as required by such Notice of Violation and Order of Abatement.

When any grantee, transferee, mortgagee, lessee or any other person or entity obtains an ownership or other legal interest in the subject property after the owner of any such building, structure or real property has knowledge of a nuisance or violation finding, by service or otherwise, then such grantee, transferee, mortgagee, lessee or other person or entity shall take such property subject to the Notice of Violation and Order of Abatement as issued to the owner.

Any owner who shall violate this provision relating to transfer of ownership shall upon conviction be subject to a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) or three (3) months in jail or both such fine and imprisonment. Each day after a transfer in violation of this Section shall be deemed a separate offense.

Penalty for Violation, Non-compliance or Delay.

Any person who shall violate any other provision of this nuisance code shall upon conviction be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or three (3) months in jail or both such fine and imprisonment; provided, however, that each day that a violation continues shall be deemed a separate offense.

Any person who shall fail to comply with a Notice of Violation and Order of Abatement given under this Section shall upon conviction, in addition to any abatement procedures, be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or three (3) months in jail or both such fine and imprisonment; provided, however, that in those cases involving failure to comply with a Notice of Violation and Order of Abatement, every day that a violation continues after the expiration of the reasonable period of time for the abatement of the nuisance as specified by the Enforcement Officer, shall be deemed a separate offense.

Section 215.035 Insurance Proceeds — How Handled.

[Ord. No. 5213, 11-3-2025]

If there are proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure caused by or arising out of any fire, explosion or other casualty loss, the following procedure is established for the payment of up to twenty-five percent (25%) of the insurance proceeds as set forth in this Subsection. This Subsection shall apply only to a covered claim payment that is in excess of fifty percent (50%) of the face value of the policy covering a building or other structure:

The insurer shall withhold from the covered claim payment up to twenty-five percent (25%) of the covered claim payment and shall pay such monies to the City to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this Chapter.

The City shall release the proceeds and any interest that has accrued on such proceeds received under Subsection (A)(1) of this Subsection to the insured or as the terms of the policy and endorsements thereto provide within thirty (30) days after receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Section 215.034(G). If the City has proceeded under the provisions of Section 215.034(G), all monies in excess of that necessary to comply with the provisions of Section 215.034(G) for the removal, securing, repair and clean-up of the building or structure and the lot on which it is located, less salvage value, shall be paid to the insured.

If there are no proceeds of any insurance policy as set forth in Subsection (A) of this Section, at the request of the taxpayer the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be a lien on the property and a personal debt against the property owner(s) until paid.

This Section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.

This Section does not make the City a party to any insurance contract, and the insurer is not liable to any party for any amount more than the proceeds otherwise payable under its insurance policy.

The Enforcement Officer may certify that in lieu of payment of all or part of the covered claim payment under Subsection (A) that it has obtained satisfactory proof that the insured has removed or will remove the debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the Building Commissioner shall issue a certificate within thirty (30) days after receipt of proof to permit covered claim payment to the insured without the deduction pursuant to Subsection (A) of this Section. It shall be the obligation of the insured or other person making the claim to provide the insurance company with the written certificate provided for in this Subsection.

Section 215.040 through Section 215.050. (Reserved) [1]

[1]

Editor's Note: Former Section 215.040, Service of Notice — Methods, was repealed 11-3-2025 by Ord. No. 5213. Prior history includes Ord. No. 4149 and Ord. No. 5046. Former Section 215.050, Failure To Comply With Notice To Abate, was repealed 11-3-2025 by Ord. No. 5213. Prior history includes CC 1974 §74.160. See now Sections 215.010 through 215.034.

Section 215.060 Keeping of Anhydrous Ammonia.

[CC 1974 §74.170]

The keeping of anhydrous ammonia within the corporate limits of the City of Dexter, Missouri, is hereby declared to be a nuisance which is or may be injurious and detrimental to the health and welfare of the inhabitants of said City.

No person shall keep anhydrous ammonia within the corporate limits of the City of Dexter, Missouri.

Any person convicted thereof shall within five (5) days thereafter remove such anhydrous ammonia from within the corporate limits of said City and failure so to do shall be a second (2nd) offense, and every like neglect for each succeeding five (5) day period thereafter shall be an additional offense.

Whenever the Mayor shall ascertain or have knowledge that anhydrous ammonia is being kept within the corporate limits of said City, he/she shall notify in writing the person having the possession of such anhydrous ammonia, or the owner thereof, to remove the same within ten (10) days. If neither the person having possession of such anhydrous ammonia, or the owner, is a resident of the City or cannot be given such notice within the City, or the owner or possessor cannot be ascertained, the Mayor may cause such written notification to be posted on or near the installation wherein such anhydrous ammonia is kept. However, such notification is not required before prosecution may be had under this Section.

If any person shall fail to comply with such notification, the Mayor may proceed to have such nuisance suppressed and abated and shall report the expense thereof to the City Clerk and City Collector who shall cause special tax bills to be issued which shall become a lien upon the real property whereon the anhydrous ammonia was kept.

Section 215.070 Sound-Amplifying Devices.

[CC 1974 §74.180; Ord. No. 2847 §§1 — 2, 12-15-1975; Ord. No. 3310 §§1 — 2, 8-18-1986]

The use of loud speakers and sound amplifiers either outside of any building or inside of any building when the sound from said loud speaker or amplifier is so directed or channelled so as to be heard primarily on the outside of any said building is hereby prohibited except under the following conditions or exceptions:

Loud speakers and sound amplifiers on moving vehicles shall be permitted between the hours of 9:00 A.M. to 6:00 P.M. and such vehicles shall be in motion while said speakers are being used and the sound from said speakers or amplifiers shall be regulated in volume so as not to constitute a public nuisance.

Said amplifier and loud speakers may be used to advertise or publicize any civic, religious, educational, political, charitable or governmental function so long as the volume of said loud speaker or sound amplifier is regulated so that the volume thereof does not constitute a public nuisance.

Loud speakers and sound amplifiers may be used outside any building from December first (1st) through December thirty-first (31st) of each year for the playing of music so long as the volume of said sound amplifier or loud speaker is regulated so that the volume does not constitute a public nuisance.

Loud speakers and sound amplifiers may be used outside any building located in a "C-1" zone for the playing of music so long as the volume of said sound amplifier or loud speaker is regulated so that the volume does not constitute a public nuisance. Said music shall be permitted to be played only between the hours of 9:00 A.M. to 9:00 P.M. and shall not be allowed to be played on Sundays.

Any person, persons, firm or corporation violating this Section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than one dollar ($1.00) nor more than one hundred dollars ($100.00).