City of Green Park, MO Nuisance Properties

[Ord. No. 668 §6, 3-18-2013]

No person shall keep or maintain a public nuisance as defined in this Article VI.

Whenever the City Administrator or designee believes that a public nuisance is being maintained in a location in violation of this Article VI, the City Administrator or designee shall cause notice to be sent stating:

The City believes a nuisance is being maintained at the location in violation of this Article,

Describe the use of the location or activity(ies) on the location believed to be a nuisance,

Order that such nuisance be immediately abated or ceased, and

Order that if the location continues to be used in such a manner, a hearing will be held to determine if the condition constitutes a nuisance, and if so declared, the Mayor or designee will determine an appropriate penalty including an abatement order and/or an order that the location may not be occupied for a period not to exceed one (1) year. Such notice shall be sent by personal delivery or by certified mail, return receipt requested, to all owners and occupants, lessees, lienholders, mortgagees, and all other persons having an interest in the location as shown by the Recorder of Deeds for the County (together "interested parties"). If any such interested parties' address is unknown and cannot be located, notice may be given by publication and by posting on the affected location.

After ten (10) days from the date all interested parties have been given notice as required in Subsection (B), if the City believes that the location continues to be in violation of this Article, the City shall cause a second (2nd) notice to be served on all interested parties in accordance with the procedures in Subsection (B). The City shall also have the authority to order testing of the affected property to be conducted in accordance with the procedures within Municipal Code Section 500.020 prior to any hearing and conduct such testing upon failure of the interested parties to certify that they will arrange for testing to be conducted in accordance with Municipal Code Section 500.020 prior to the hearing. Said notice shall advise all interested parties that:

The City believes the interested parties failed to abide by the City's first (1st) notice and order, and that a nuisance continues to be maintained in violation of this Article;

The affected location must be tested before said hearing and that the interested parties shall contact the City within forty-eight (48) hours of receiving said second (2nd) notice to certify that the interested parties will conduct the required testing in accordance with Municipal Code Section 500.020;

Failure to contact the City and certify that the interested parties will conduct the required testing within forty-eight (48) hours of said notice will result in the City performing such testing in accordance with Municipal Code Section 500.020 and all due process and privacy procedures, and that all costs incurred by the City for such testing shall be the responsibility of the property owner and upon failure to pay such costs, which shall be documented by the Code Official or Building Commissioner, the City or St. Louis County, as appropriate, shall place a special lien on the structure in accordance with the procedures in Chapter 215 concerning general nuisance abatement;

The City will hold a hearing to determine whether a nuisance is being maintained at the location in violation of this Article; and

If at the hearing the City finds that the interested parties are guilty of maintaining a nuisance in violation of this Article, the City shall order an appropriate penalty, including an order to abate the nuisance or close the location for a period not to exceed one (1) year.

At the hearing, interested parties may be represented by counsel, and all such parties shall have an opportunity to be heard and present evidence as shall be relevant to a determination of:

Whether or not the location involved is a public nuisance under the terms of and in violation of this Article;

Whether the procedures required by this Article have been substantially followed; and

Whether the owner of the location knew the location was being used in violation of this Article.

The testimony shall be under oath, which may be administered by the Mayor or designee, and a written record of the hearing shall be by a reporter to be employed by the City, the cost of which shall be paid by the City should the proceeding be eventually held against the City, and by the owner or occupant if it should not. In lieu of a written record of the hearing, the Mayor or designee may order that an audio recording of all testimony be made and a copy thereof preserved and, if needed, subsequently transcribed, which record then shall be admissible and used for all purposes the same as a transcript reported by a reporter.

After hearing all evidence, if the Mayor or designee finds a nuisance is being maintained in violation of this Article, he/she may order that the nuisance be abated and authorize the City, upon failure to abate in accordance with such order, to proceed to enter onto the affected property to abate such nuisance and all costs incurred by the City shall be the responsibility of the property owner and upon failure to pay such costs, including testing costs and attorneys' fees, which shall be documented by the Code Official or Building Commissioner, the City or County, as appropriate, shall place a lien on the structure in accordance with the procedures in Chapter 215 concerning general nuisance abatement. Further, if the Mayor or his/her designee finds that the owner(s) of the location knew that the location was being used in violation of this Article, the Mayor or designee may order, in lieu of City abatement, that the location shall be closed and not occupied or used for such a period not to exceed one (1) year. All such orders shall be in writing, state the evidence supporting such order, and shall be delivered to all interested parties as identified in Subsection (B) by certified mail, return receipt requested or personal delivery or by publication to any interested parties who address is unknown, and if notice is sent by publication or such order provides that the location shall be closed for a certain period, then such order shall also be posted at the location.

It shall be unlawful for any person to:

Fail to obey an order to abate a nuisance issued pursuant to this Article.

Occupy or use or permit any other person to occupy or use any location ordered closed pursuant to this Article.

Damage or remove any notice or order posted at the location pursuant to this Article.

The closure of any location pursuant to this Article shall not constitute an act of possession, ownership or control by the City of the closed location.

Nothing contained in this Article shall relieve the interested parties of any location from complying with the Building, Fire, Property Maintenance, and Zoning Codes or any other ordinance that regulates the condition or use of the location.