[Ord. No. 1403, 10-6-2025]
The Mayor and City Council of the City find that unkempt, unsafe, unsanitary and otherwise improperly maintained premises and structures, sidewalks and easements within the City, in addition to the obvious hazards which these conditions pose to the public health, safety and welfare, adversely affect the value, utility and habitability of property within the City as a whole and specifically cause substantial damage to adjoining and nearby property. A property which is merely unkempt may reduce the value of adjoining property by more than thirty percent (30%) and if there are sufficient properties which are unkempt, unsightly and dangerous, that the habitability and economic well-being of the City are materially and adversely affected. This Chapter is an exercise of the City's police power, and it shall be liberally construed to effect this purpose.
[Ord. No. 1403, 10-6-2025]
The City Council appoints a Code Official whose duties shall include enforcing all provisions of this Chapter relating to nuisances, disabled and abandoned automobiles, animal regulations and dangerous/substandard buildings. The Code Official shall be under the direct supervision and a member of the Police Department. The officer may also be assigned such duties as the Chief of Police may require within or outside the department, such as enforcing condemnation of substandard buildings.
[Ord. No. 1403, 10-6-2025]
A. 
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
ABANDONED
Any property, real or personal, which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or which evidences indicate that no person is presently in possession, e.g., disconnected utilities, accumulated debris, uncleanliness, disrepair and, in the case of chattels, location.
ABATEMENT
The removal, stoppage, prostration, or destruction of that which causes or constitutes a nuisance, whether by breaking or pulling it down, or otherwise destroying or effacing it.
ABATEMENT OFFICER or CODE OFFICIAL
The City's designated personnel assigned to enforcement of this Chapter.
DAMAGED OR DISABLED VEHICLE
1. 
Any vehicle which:
a. 
Is not registered or is improperly registered with the State;
b. 
Has been inoperable for more than seventy-two (72) hours; or
c. 
Is in such a state of disrepair as to be inoperable, except those on the premises of a duly licensed automobile repair or sales business for less than six (6) months or in a duly licensed automobile junking yard.
DEBRIS
Includes weed cuttings, cut and fallen trees and shrubs, rubbish and trash, lumber not piled or stacked twelve (12) inches off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, and/or any flammable material.
JUNK
Any metal, glass, paper, rags, wood, machinery parts, cloth or other waste or discarded material of any nature or substance whatsoever of scrap or salvage materials.
NON-LICENSED VEHICLE
Any kind of contrivance used to carry people or goods from one (1) place to another that is not properly licensed with the State excluding bicycles and children's riding toys.
OCCUPANT
Any person who is in physical possession of the property or in whose name the City utilities are registered.
OWNER
Any person having any interest in the real estate in question as shown upon the records of the office of the County Assessor, or any person with legal, financial or equitable interest in the property who establishes his or her interest before the Code Official and/or City Council. For the purpose of giving notice, the term "owner" also includes any person in physical possession.
PROPERTY
Any real property, premises, structure or location on which a public nuisance is alleged to exist.
STREET or HIGHWAY
The entire area between the boundary lines of every publicly maintained way when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLE
Any machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides, including, but not limited to, automobiles, trucks, trailers, motorcycles, tractors, buggies and wagons, or any part thereof.
[Ord. No. 1403, 10-6-2025]
A. 
Public Nuisance Defined. Any fence, wall, shed, deck, house, garage, building, swimming pool, structure or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole pit, basement, cellar, sidewalk subspace, dock, wharf or landing dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of its condition in which the same is found or permitted to be or remain shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one (1) or more individuals in the City, in any one (1) or more of the following particulars:
1. 
By reason of being a menace, threat and/or hazard to the general health and safety of the community.
2. 
By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property.
3. 
By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.
B. 
Certain Acts Declared A Public Nuisance. The following acts, in addition to any others in violation of Subsection (A) above, Section 230.050 and Section 230.110 of this Code, are determined by the City Council as offensive, unwholesome, or dangerous to the public's health, welfare and/or safety and shall constitute a public nuisance:
1. 
Accumulation or disposal of trash, lumber which is not piled or stacked more than twelve (12) inches off the ground, earth, ashes, mortar, papers, stone, brick, rock, tin, steel, dirt, manure, filth, excrement, chips or rubbish of any description, cesspools, drains, garbage or any other animal or vegetable substances, unless the accumulations or disposal of such items in such place is specifically authorized by law.
2. 
Garbage trucks that are not covered and leak-proof.
3. 
Dead animals not disposed of within twenty-four (24) hours.
4. 
Any pit, basin, hole, well, septic tank, or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose for which it was constructed, or is maintained contrary to law.
5. 
Erecting, maintaining, using, placing, depositing, leaving, or permitting to be or remain in or upon any street, alley, sidewalk, park, parkway, or other public or private place in the City, any one (1) or more of, but not limited to, the following conditions or things:
a. 
Any bone, meat, hides, skin, or the whole or parts of any dead animal or fish.
b. 
Any chemicals or other materials commonly known to be noxious, offensive, dangerous or otherwise injurious including, but not limited to, grease, oil, antifreeze, explosives, radioactive materials, and poisons.
6. 
Disturbing the surface of the ground so as to permit mud or dirt to wash into the street, alley, sidewalk, sewer or other public place in the City.
7. 
All vacant, unused or unoccupied buildings and structures within the City, which are allowed to become or remain open to entrance by unauthorized persons or the general public, because of broken, missing or open doors, windows or other openings, so that the same may be used by vagrants, other persons or animals in a manner detrimental to the health and welfare of the inhabitants of the City.
8. 
Debris as defined in Section 230.030 of this Chapter.
9. 
Non-licensed vehicles, including, but not limited to, recreational vehicles, boats, trailers, and construction equipment, which are not stored in an accessory building, enclosed area or garage so that they may not be seen.
10. 
Any outdoor storage of items including, but not limited to, tools, equipment, machinery, non-working automobiles, parts of derelict cars or trucks, household appliances and broken furniture.
11. 
Storage in an unsecured building of any ice box, freezer, refrigerator, washer, dryer, dishwasher or any other appliance containing doors unless the doors to said appliance are first secured by a lock or other secure device to prevent entry into the appliance by any third party.
12. 
An inoperable, damaged, wrecked, demolished or unlicensed motor vehicle or part or portion thereof, or junk, as defined herein, to remain on an owner's or occupier's property not stored in an accessory building, enclosed area or garage so that they may not be seen.
13. 
The tearing down, stripping, junking, storage, repair or servicing of vehicles outside of an enclosed area so that they may not be seen is prohibited unless such use is shown to be specifically authorized, permitted or licensed under other ordinances of the City, or unless necessary repairs are being made by an owner to his/her own vehicle and are completed within seven (7) days.
14. 
Any vehicle parked on private property except on a weed-free surface made of gravel, crushed stone, asphalt or Portland cement concrete, unless said parking is otherwise permitted under the zoning ordinance.
15. 
All trees and other appendages of or to realty kept or maintained, or which are permitted by any person owning or having control thereof to be kept or maintained, in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public.
16. 
All ponds or pools of stagnant water, and all foul or dirty water or liquid when discharged through any drain, pipe or spout or thrown into or upon any street, public place or lot to the injury or annoyance of the public.
17. 
All obstructions caused or permitted on any street or sidewalk to the danger or annoyance of the public, and all stones, rubbish, dirt, filth, slops, vegetable matter or other article thrown or placed by any person on or in any street, sidewalk or other public place, which in any way may cause any injury or annoyance to the public or that obstructs the free passage thereon.
18. 
All obstructions caused or permitted in any ditch or natural drain that tends to obstruct the natural flow of water.
19. 
All sidewalks, gutters or curbstones permitted to remain in an unsafe condition or out of repair.
20. 
All stables, cattle yards, hog, sheep or cow pens or yards for poultry permitted by the owner thereof, or the person responsible therefor, to be in such a condition as to become offensive, annoying or injurious to the public.
21. 
Burning any weeds, grass, growing crops, stubble or other vegetation on any property used for agricultural purposes without written permission of the Fire Chief.
22. 
All houses or buildings used for special storage of powder, dynamite or other explosive substances, except those maintained pursuant to permit issued by competent authority.
23. 
Any well or cistern or any property, public or private, whenever a chemical analysis shows that the water of such well or cistern is of an impure or unwholesome nature.
24. 
Any violation of the International Building Code and/or the International Residential Code as adopted by the City.
25. 
All septic tanks, privies, privy vaults and cesspools constructed, installed or maintained contrary to any provision of State law, this Code or other ordinance.
26. 
Accumulation of sewage from sewer pipes.
27. 
Emission of smoke, dust, fumes, gas or other odors beyond the confines of the premises, which is obnoxious or offensive to persons or which cause damage to property adjoining or in the vicinity of the premises.
28. 
A swimming pool or any other pool of water that is more than eighteen (18) inches deep or which has walls that are more than twenty-four (24) inches high that is not enclosed by a fence at least four (4) feet in height with holes or gaps no larger than four (4) inches in any dimension except for door and gates with a self-closing, self-latching gate. Such gate, when left unlatched while pool is not in use, will constitute a public nuisance.
29. 
Every act or thing done or made, permitted, allowed or continued on any property, public or private, by any person to the damage or injury of any of the inhabitants of the City and not hereinbefore specified.
[Ord. No. 1403, 10-6-2025]
A. 
No person shall willfully and maliciously tack, wire, tie or affix any card, poster, bill, streamer, announcement or other advertising matter upon any tree, shrub, post, pole, or building located on public property owned by the City of Scott City, Missouri.
B. 
No person shall willfully and maliciously tack, wire, tie or affix any card, poster, bill, streamer, announcement or other advertising matter upon any tree, shrub, post, pole, pier or abutment used for telegraph, telephone, electric light and power or radio broadcasting purposes; nor shall any person injure, molest or destroy any of the lines, insulators, wire, posts, poles, piers, or abutments of any such company used in or about the transmissions of dispatches; radio programs or other communications or in the transmission of electricity for light or power purposes.
C. 
No person shall affix any sign, poster, billboard or other advertising matter upon private property in such a way that it protrudes over a public street or sidewalk so that to obstruct or restrict the public use of said street or sidewalk or other public place.
D. 
Nothing contained in this Section shall be construed as prohibiting the display of cards, posters, bills, streamers, announcements or other advertising matter upon private property, so long as the advertising matter displayed does not obstruct or restrict public use of a street, sidewalk or other public place.
[Ord. No. 1403, 10-6-2025]
A. 
Procedure.
1. 
Complaint. All complaints alleging the existence of a nuisance shall be made in writing and filed with the Code Official. Any resident, including any City elected official, officer or employee, may initiate a complaint.
2. 
Inspection. The Code Official shall promptly inspect the premises or cause them to be inspected and shall make a written report of the findings of the inspection. Whenever practical, photographs of the premises shall be attached to the written report. The Code Official shall keep all such written reports on file for at least three (3) years.
3. 
Abatement. Upon the discovery of a public nuisance, the inspecting officer may order the owner or other person creating, keeping, maintaining or permitting the same to abate it.
4. 
Immediate Danger — Existence. Should the inspecting officer find that a public nuisance exists, and that the public health, welfare or safety may be in immediate danger, then summary abatement procedures shall be implemented and the inspecting official or department may cause the nuisance to be removed or abated.
5. 
Summary Abatement/Cost. Summary abatement costs shall be certified by the City Collector and assigned to the annual real estate tax bill for the property.
6. 
If the public nuisance involves a building that appears structurally unsafe, the City shall follow those procedures promulgated in Chapter 525 of this Code.
B. 
Summary Abatement/Notice. When summary abatement is authorized, notice to the owner, agent or occupant of the property is not required. Following summary abatement, the Code Official shall cause to be posted on the property liable for the abatement a notice describing the action taken to abate the nuisance.
[Ord. No. 1403, 10-6-2025]
A. 
Procedure. Upon the discovery of a public nuisance that does not pose an immediate danger to the public health, welfare or safety, the Code Official shall cause a written report of the property on which the nuisance exists to be prepared. Photographs and findings shall be included in said report. If the Code Official declares the existence of a public nuisance, but the nature thereof is not such as to require the summary abatement of such nuisance, then the Code Official may order the abatement of the nuisance by notice in compliance with Section 230.080 of this Code.
B. 
Abatement By Owner. Within ten (10) days after the posting and mailing of a notice to abate a nuisance, the owner or individual in possession of the affected property shall remove and abate such nuisance or show that actions for abating the nuisance have commenced. Such showing shall be made by filing a written statement or other proof of such actions with the Code Official.
C. 
Abatement By City. After a hearing in compliance with this Chapter it is found that the nuisance or dangerous condition exists, the Code Official shall have the authority to enter upon the property and abate the public nuisance found thereon. In abating such nuisance, the Code Official may go to whatever extent may be necessary to complete the abatement of the public nuisance. If it is practicable to salvage any material derived in the aforesaid abatement, the Code Official may sell the salvaged material at private or public sale and shall keep an accounting of the proceeds thereof.
D. 
Authorized Action. In abating a public nuisance, the Code Official may call upon any of the City departments or divisions for whatever assistance shall be deemed necessary or may by private contract cause the abatement of the public nuisance.
E. 
Statement Of Costs. The Code Official shall, after completing the removal and abatement, file a statement of costs with the City Collector. The City Collector shall certify costs and assign costs to the annual real estate tax bill for the property.
F. 
Proceeds From Sale Of Private Property. The proceeds, if any, obtained from the sale of any material salvaged as a result of an abatement of a public nuisance by the Code Official shall be deposited to the general fund of the City and deficit between the amount so received and the cost of the abatement shall be filed with the City Collector. The City Collector shall certify said costs and assess costs to the annual real estate tax bill for the property. Should the proceeds of the sale of the salvaged material exceed the cost of the abatement, the surplus, if any, shall be paid to the owner of the property from which the public nuisance was abated when a proper claim to the excess is established.
[Ord. No. 1403, 10-6-2025]
A. 
Notice.
1. 
The Code Official shall determine all individuals, firms or corporations who, from the records in the Recorder of Deeds' office, appear to be the titled owners, occupants, lessees, mortgagees, agents, and all other persons having an interest in a building or structure as shown by said land records of the aforesaid property and immediately cause a written notice to be served on each such individual, firm or corporation by personal service or by one (1) of the following methods:
a. 
Leaving a copy of the notice at the usual place of residence or business of such owner, or address of such owner shown in the Recorder's records.
b. 
Mailing a copy to such owner at such place or address by United States certified mail return receipt.
2. 
If service of such written notice is unable to be perfected by any of the methods described above, the Code Official shall direct the City Clerk to cause a copy of the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two (2) consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the individual, if any, in possession of such property on which it is alleged such public nuisance exists, or if there is no individual in possession thereof, the Code Official shall cause a copy of the notice to be posted at such structure, location or premises. The Code Official shall also determine from the Recorder of Deeds' office who the lienholder of the property, if any, as documented therein, is and cause a written notice to be served on such lienholder by United States certified mail return receipt.
B. 
Notice Contents. The aforesaid notice to the owners, and lienholder, if any, of the property shall state clearly and concisely:
1. 
The street address or legal description of the property;
2. 
A description of the condition or conditions alleged to constitute a public nuisance;
3. 
The Code Official shall cause a hearing to be scheduled before the Chief of Police not sooner than ten (10) days from the date of personal service or posting in the United States mail or the notice above referenced;
4. 
The hearing shall be held, and commencement of abatement action by the owner will not stay or delay the scheduled hearing. No continuances shall be granted;
5. 
The failure of the owner, lienholder, occupant or representative to appear at the scheduled hearing shall be deemed a dismissal of the appeal, and the prior decision of the Code Official shall be final.
C. 
Adequacy Of Proof. The Code Official shall have discretion over what actions are sufficient to constitute the commencement of nuisance abatement. However, the Code Official shall be guided by such factors as:
1. 
Expedient and continuous work;
2. 
Abatement costs; and
3. 
Impact on environment or public.
D. 
Responsible Parties. Any person who is the record owner of the premises, location or structure at the time an order pursuant to this Chapter is issued and served upon him/her shall be responsible for complying with that order, and liable for any costs incurred by the City therewith, notwithstanding the fact that he/she conveys his/her interests in the property to another after such order was issued and served.
[Ord. No. 1403, 10-6-2025]
A. 
Procedure. The owners, lienholder and occupants of the property who have been served with a notice pursuant to Section 230.080 of this Code may appear in person or by representative at a hearing with the Chief of Police scheduled on a date not sooner than ten (10) days after the date of the notice letter.
B. 
Hearing. The Chief of Police shall conduct a full and adequate hearing upon the question of whether a public nuisance in fact exists. The Chief of Police may amend or modify the notice, or extend the times for compliance with the notice by the owner by such date as the Chief of Police in the course of the hearing may determine.
C. 
Evidence. The owners, lienholder and occupants of the property, or their representative or agents of the subject property, shall be given the opportunity to present evidence to the Chief of Police in the course of the hearing.
D. 
Order. Should the evidence support a finding that the vehicle, structure or condition constitutes a public nuisance, the Chief of Police shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the vehicle, structure or condition to be a public nuisance and ordering the vehicle, structure or condition demolished, removed, repaired or otherwise abated by the City.
E. 
Additional Time. The Chief of Police, upon written application by the owner at any time within the period after the notice has been served may grant additional time for the owner to effect the abatement of the public nuisance, provided that such extension is limited to a specific time period.
F. 
Costs To Be Certified. The costs of performance of the abatement order shall be certified to the City Collector who shall cause a special tax bill or assessment therefor against the property to be prepared and collected. Except as otherwise provided in this Chapter, 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 date of its issuance shall be deemed a personal debt against the property owners and shall also be a lien on the property until paid.
G. 
Appeal From Decision Of Chief of Police. If the decision of the Chief of Police is not appealed to the Circuit Court within thirty (30) days of the date of the mailing of said decision, the decision shall be declared final in accordance with Chapter 536, RSMo.
[Ord. No. 1403, 10-6-2025]
A. 
Procedure. Upon receipt of the statement of costs from the Code Official, the City Collector shall mail to the owners of the property upon which the public nuisance has been abated notice of the amounts set forth in the statement plus an additional amount sufficient to defray the costs of the notice and stating that the City proposed to assess against the property the amount set forth in the notice and that objections to the proposed assessment must be made in writing and received by the City Collector within twenty (20) days from the date of mailing such notice. Upon the expiration of the twenty-day period, if no objections have been received by the City Collector, the City Collector shall enter that amount in the City liens docket which shall therefore constitute a lien against the property.
B. 
Objection. If the property owner or his/her representative objects to determination of cost, he/she may appeal same to the Chief of Police by delivering a written notice of appeal to the Chief of Police within twenty (20) days of the mailing of the notice thereof. If no appeal is taken or perfected, the initial determination of costs shall be final.
C. 
Absence Of Appeal. If no appeal of a determination by the Code Official is filed within the time period allowed, a copy of the determination will be furnished to the City Collector who shall then enter a lien in the amount determined by the Code Official in the City liens docket as provided by Subsection (A) above.
D. 
Filing Of Appeal. If a timely appeal is received by the Chief of Police, a hearing shall be scheduled and held on the matter. If, after the hearing, the Chief of Police determines that the proposed assessment is improper, the Chief of Police shall so certify to the City Collector and the proposed assessment shall be canceled. If, after the hearing, it is determined that the proposed assessment or any part of it is proper and authorized, the Chief of Police shall so certify to the City Collector who shall enter a lien in such amount as determined appropriate by the Chief of Police.
E. 
Finality of Chief of Police Decision. If the judgment of the Chief of Police is not appealed to the Circuit Court within thirty (30) days from the date of the Chief of Police's determination of the assessment, the judgment will be declared final per Chapter 536, RSMo.
F. 
Cost Of Abatement — Assessments. If the Code Official determines or believes that there is good cause to reduce or adjust the cost of abatement, he/she may do so with the written approval of the Chief of Police.
G. 
Overhead Charge, Civil Penalties.
1. 
Whenever a nuisance is abated by the City, the City Collector shall keep an accurate account of all expenses incurred, including an overhead charge of twenty-five percent (25%) for administration and a civil penalty of two hundred dollars ($200.00) for each nuisance abated.
2. 
When the City has abated a nuisance maintained by any owner of real property, for each subsequent nuisance that is abated by the City within two (2) consecutive calendar years concerning real property owned by the same person, an additional civil penalty of fifty percent (50%) of the cost of abatement, minimum of one hundred dollars ($100.00), shall be added to the costs, charges and civil penalties provided for in Subsection (G)(1) above. The civil penalty shall be imposed without regard to whether the nuisances abated by the City involve the same real property or are of the same character.
3. 
When the City has issued two (2) administrative orders for abatement of a nuisance within a twenty-four-month period on the same property owner, an additional civil penalty of between one hundred dollars ($100.00) and five hundred dollars ($500.00) may be assessed on the second order of abatement by the Chief of Police to be paid by the repeat offender as provided herein.
H. 
Non-Exclusive Remedy. The procedures and remedies set forth in this Chapter may be used in the alternative or in consonance with or in lieu of any other remedy or procedure authorized by law for the removal of violations or nuisances.
[Ord. No. 1403, 10-6-2025]
A. 
Weeds And Other Vegetation Declared Nuisance — When. It shall be unlawful for any owner, lessee or occupant, or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any occupied lot or land or any part thereof in the City, or for any owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any unoccupied lot or land or any part thereof in the City to permit or maintain on any such lot or land, or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb, any growth of weeds, grass and poisonous or harmful vegetation to a greater height than seven (7) inches on the average or any accumulation of dead weeds, fallen trees or shrubs, grass or brush, and it shall also be unlawful for any person or persons to cause, suffer or allow poison ivy, ragweed or other poisonous plant or plants detrimental to health to grow on any such lot or land in such manner that any part of such ivy, ragweed or other poisonous or harmful weed shall extend upon, overhang or border any public place or allow seed, pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place, and the growth of such weeds, grass and poisonous or harmful vegetation of a height of more than seven (7) inches be and hereby is declared to be a nuisance. Any violation may be corrected by the City under Subsection (D) of this Section and brought before the Municipal Court as provided in Subsection (E) of this Section.
1. 
Exceptions:
a. 
Any lot or tract of land in excess of ninety thousand (90,000) square feet which is not being used for an industrial, commercial or residential purpose shall have a border within which all weeds, grass or vegetation (other than trees, decorative shrubs or cultivated flowers) shall be maintained at a height of no greater than seven (7) inches on the average. Said border shall be measured along its perimeter twenty-five (25) feet deep from the public right-of-way and/or from any adjoining lot or tract of land used for an industrial, commercial or residential purpose.
b. 
Any lot or tract of land in excess of ninety thousand (90,000) square feet which is used exclusively for agricultural purposes. For purposes of this exception, "agricultural purposes" shall be defined as row crops, vegetable crops, or orchards.
B. 
Vegetation At Street Intersection Prohibited. No person shall allow any vegetation (trees, shrubs, grasses, etc.) or any other object, including a sign of any type, to be so located as to unreasonably obstruct the view of approaching or cross traffic at any street intersection. Any obstruction within the triangle formed on each side of which is fifty (50) feet along the street from the outer edge of the intersection and the hypotenuse is presumptively in violation of this Section. Any violation may be corrected by the City under Subsection (D) of this Section and otherwise brought before the Municipal Court as provided in Subsection (E) of this Section.
C. 
Duty Of Owner, Etc., To Remove. It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of Subsection (A) of this Section.
D. 
Abatement Procedure. If the provisions of this Section are not complied with, the Code Official shall give notice to the owner of the lot or his/her agent, the occupant, if any, and the lessee, if any. The notice may be delivered by personal service, by certified mail or by ordinary mail. If sent by ordinary mail, there is a rebuttable presumption that the letter was delivered three (3) days after the date it was sent. If the name or address of the owner or the owner's agent is unknown or if the mail is returned, then the service shall be made by posting such notice on the property. Any of the individuals receiving notice shall have the right to protest said notice within ten (10) days of receipt by requesting a hearing before the Chief of Police as set forth in Section 230.090. In the event that the weeds or other vegetation are not cut down and removed within ten (10) days, or in the event that protest has not been filed within ten (10) days, the Code Official shall have the weeds cut down and removed and shall certify the cost of the same to the City Collector. The City Collector shall cause a special tax bill therefor against the property to be prepared and to be collected by the Collector with other taxes assessed against the property. The tax bill from the date of its issuance shall be a first lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity, and no more clerical error of informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereto. Each special tax bill shall be issued by the City Collector on or before the first day of September of each year. Such bills, if not paid when due, shall bear interest at the maximum rate of interest allowed by law.
E. 
Violation And Penalty. Each person who shall violate any provision of this Section or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided or who shall resist or obstruct the Code Official or other representative of the City in the cutting and removal of weeds, grass and other vegetation shall, upon conviction thereof, be fined in an amount as set forth in Code Section 110.010.
[Ord. No. 1403, 10-6-2025]
The Code Official of the City, or such other person as may be designated by the Mayor, shall from time to time, as he/she or the Mayor, in his/her discretion, deems just, make inspection of all business properties within the City to determine whether or not a nuisance exists. If there is found probable grounds to believe that a nuisance is existing or is being maintained or allowed to exist, steps shall be taken as provided for in this Chapter.
[Ord. No. 1403, 10-6-2025]
If the Chief of Police issues an order whereby a building or structure found and declared to be a nuisance is demolished or repaired, the cost of performance shall be certified to the City Collector, who shall cause a special tax bill therefor against the property to be prepared and collected by the City Collector or other official collecting taxes. 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 until paid.
[Ord. No. 1403, 10-6-2025]
A. 
Search Warrant Defined — Who May Issue, Execute.
1. 
An administrative search warrant is a written order of the Municipal Judge commanding the search or inspection of any property, place or thing, and the seizure, 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 Section of the City of Scott City ("City") relating to the use, condition or occupancy of property or structures located within the City, or to enforce the provisions of any such ordinance or Code Section.
2. 
The Municipal Judge having original and exclusive jurisdiction to determine violations against the ordinances of the municipality may issue an administrative search warrant when:
a. 
The property or place to be searched or inspected or the thing to be seized is located within the City at the time of the making of the application; and
b. 
The owner or occupant of the property or place to be searched or inspected or the thing to be seized has refused to allow same after official request by the City or is unavailable to give consent.
3. 
Any such warrant shall be directed to the Chief of Police or any other Police Officer, or the Code Official of the City and shall be executed by said officials within the City limits and not elsewhere.
B. 
Who May Apply For Warrant — Contents Of Application.
1. 
Any Police Officer, Code Official or an attorney of the City may make application to the Municipal Judge for the issuance of an administrative search warrant.
2. 
The application shall:
a. 
Be in writing;
b. 
State the time and date of the making of the application;
c. 
Identify the property or places to be entered, searched, inspected or seized in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
d. 
State that the owner or occupant of the property or places to be entered, searched, inspected or seized has been requested by the City to allow such action and has refused to allow such action or that a certified notice has been sent to the last known address for the property owner as disclosed by the County Assessor's records and no response has been received in a timely manner;
e. 
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof, to:
(1) 
Search or inspect for violations of an ordinance or Code Section specified in the application; or
(2) 
Show that entry or seizure is authorized and necessary to enforce an ordinance or Code Section specified in the application and that any required due process has been afforded prior to the entry or seizure;
f. 
Be verified by the oath or affirmation of the applicant; and
g. 
Be signed by the applicant and filed in the Municipal Court.
3. 
The application may be supplemented by a written affidavit verified by oath or affirmation. Such affidavit shall be considered in determining whether there is probable cause for the issuance of a search warrant and in filling out any deficiencies in the description of the property or place to be searched or inspected. Oral testimony shall not be considered.
C. 
Hearing And Procedure — Contents Of Warrant — Execution And Return.
1. 
Hearing And Procedure.
a. 
The Municipal Judge shall hold a non-adversary hearing to determine whether probable cause exists to inspect or search for violations of any City ordinance or Code Section, or to enforce any such ordinance or Code Section.
b. 
In doing so the Municipal Judge shall determine whether the action to be taken by the City is reasonable in light of the facts stated. The Municipal Judge shall consider the goals of the ordinance or Code Section sought to be enforced and such other factors as may be appropriate, including, but not limited to, the physical condition of the specified property, the age and nature of the property, the condition of the area in which the property is located, the known violation of any relevant City ordinance or Code Section and the passage of time since the property's last inspection. The standard for issuing a warrant need not be limited to actual knowledge of an existing violation of a City ordinance or Code Section.
c. 
If it appears from the application and any supporting affidavit that there is probable cause to inspect or search for violations of any City ordinance or Code Section, or to enforce any such ordinance or Code Section, a search warrant shall immediately be issued.
d. 
The warrant shall issue in the form of an original and two (2) copies, and the application, any supporting affidavit and copy of the warrant as issued shall be retained in the records of the Municipal Court.
2. 
Contents Of Search Warrant. The search warrant shall:
a. 
Be in writing and in the name of the City;
b. 
Be directed to any Police Officer or Code Official in the City;
c. 
State the time and date the warrant was issued;
d. 
Identify the property or places to be searched, inspected or entered upon in sufficient detail and particularly that the officer executing the warrant can readily ascertain it;
e. 
Command that the described property or places be searched or entered upon, and that any evidence of any City ordinance violations found therein or thereon, or any property seized pursuant thereto, or a description of such property seized be returned within ten (10) days after filing of the application to the Municipal Judge who issued the warrant, to be dealt with according to law;
f. 
Be signed by the Judge, with his/her title of office indicated.
3. 
Execution And Return.
a. 
A search warrant issued under this Section shall be executed only by a Code Official accompanied by a City Police Officer, provided however, that one (1) or more designated City Officials may accompany the officer, and the warrant shall be executed in the following manner:
(1) 
The warrant shall be executed by conducting the search, inspection, entry or seizure as commanded and shall be executed as soon as practicable and in a reasonable manner.
(2) 
The officer shall give the owner or occupant of the property searched, inspected or entered upon a copy of the warrant.
(3) 
Receipt To Be Given For Property Seized.
(a) 
If any personal property is seized incident to the search, the officer shall give the person from whose possession it was taken, if the person is present, an itemized receipt for the property taken. If no such person is present, the officer shall leave the receipt at the site of the search in a conspicuous place.
(b) 
A copy of the itemized receipt of any property taken shall be delivered to an attorney for the City within two (2) working days of the search.
(c) 
The disposition of property seized pursuant to a search warrant under this Section shall be in accordance with an applicable City ordinance or Code Section, but in the absence of same, then with Section 542.301, RSMo.
(4) 
The officer may summon as many persons as he/she deems necessary to assist him/her in executing the warrant, and such persons shall not be held liable as a result of any illegality of the search and seizure.
(5) 
An officer making a search pursuant to an invalid warrant, the invalidity of which is not apparent on its face, may use such force as he/she would be justified in using if the warrant were valid.
(6) 
A search warrant shall expire if it is not executed and the required return made within ten (10) days after the date of the issuance of the warrant.
b. 
Warrant Return.
(1) 
After execution of the search warrant, the warrant, with a return thereon signed by the officer making the search, shall be delivered to the Municipal Court.
(2) 
The return shall show the date and manner of execution and the name of the possessor and of the owner, when not the same person, if known, of the property or places searched or seized.
(3) 
The return shall be accompanied by any photographs, copies, or recordings made, and by any property seized, along with a copy of the itemized receipt of such property required by this Section; provided, however, that seized property may be disposed of as provided herein, and in such a case a description of the property seized shall accompany the return.
(4) 
The Court Clerk, upon request, shall deliver a copy of the return to the possessor and the owner, when not the same person, of the property searched or seized.