[R.O. 2012 §215.050; Ord. No. 592 §2, 9-2-1997]
A.
Any condition
on any lot or land that has the presence of debris of any kind is
hereby declared to be a public nuisance, subject to abatement. "Debris" includes weed cuttings, cut or fallen trees and
shrubs, overgrown vegetation and noxious weeds that are eight (8)
inches or more in height, rubbish or trash, lumber that is not piled
or stacked twelve (12) inches off the ground, rocks or bricks, tin,
steel, parts of derelict cars, trucks or farm machinery, broken furniture
or any flammable material that is found on any lot or land that is
unhealthy or unsafe, provided:
[R.O. 2012 §215.060; Ord. No. 592 §3, 9-2-1997]
A.
Enforcement
of this Article is the responsibility of the City Inspector. Enforcement
shall commence by providing notice to the owner of the property of
the nuisance condition existing on such owner's property. The notice
may be delivered by personal service, by certified mail or by ordinary
mail and, if sent by ordinary mail, there shall be a rebuttable presumption
that the letter was delivered five (5) days after the date that it
was sent.
1.
The
notice shall generally describe the nature of the nuisance, the location
of the property (regarding which the mailing address or popular address
shall be adequate), shall order the property owner to abate such nuisance
within seven (7) days from the receipt of such notice, and shall include
a copy of this Article. If the property owner fails to request a hearing
consistent with the following Subsection, such order shall become
final and shall not be subject to any challenge.
2.
However,
any owner who wishes to challenge the order of abatement may do so,
provided that such owner requests a hearing in writing regarding the
validity of the order within seven (7) days after the receipt of such
notice. No particular formality is required in the format of such
request and, if such a request is made within seven (7) days, any
hearing shall be conducted under the "contested case" provisions of Ch. 536, RSMo. (the Administrative Procedure Act)
before the Board of Aldermen at which the City Attorney shall represent
the City.
[R.O. 2012 §215.070; Ord. No. 592 §4, 9-2-1997]
If the nuisance remains present on the property on the eighth
(8th) day after receipt of the notice by the property owner, or on
the eighth (8th) day after any challenge of such determination has
been defeated, the Enforcement Officer shall cause the same to be
abated, the costs of which may include a charge for the City's costs
in administering this Article (not to exceed one hundred dollars ($100.00)).
The Enforcement Officer shall certify the total costs of such abatement
(including such administrative costs) to the City Clerk, who shall
cause such certified cost to be included in a special tax bill or
added to the annual real estate tax bill, at the collecting official's
option, which shall be collected in the same manner and procedure
as for collection of real estate taxes.
[R.O. 2012 §215.080; Ord. No. 592 §5, 9-2-1997]
Any property owner who fails to remove a nuisance within seven
(7) days of being notified to do so by the notice with Section 215.060(1)
of this Article, or within seven (7) days after whose challenge of
such determination (per Section 215.060(2) of this Article) is defeated,
may be charged with the offense of "failure to abate a nuisance", the penalty for which, upon conviction, shall be the same as for
any other violation of municipal ordinance, except that each day that
such nuisance thereafter remains unabated may be charged as a separate
offense.
