City of Wright City, MO Abatement of Nuisances

[Ord. No. 971, 5-19-2019]

Declaration Of Public Nuisance And Notice. If the Code Official, or his or her designee, has reason to believe that a public nuisance is being maintained upon a property within the limits of the City of Wright City or within one-half (1/2) mile thereof for any act or condition not described by Section 215.050(A) declared to be a public nuisance by this Chapter, the City may declare such property to be a public nuisance, and if so declared, the City shall notify the owner(s) and/or person(s) in care and control of the property (hereinafter, the "responsible persons") causing, maintaining or permitting the same to forthwith remove, terminate, or abate such nuisance. The notices shall be given either personally, or by United States Mail to the responsible persons at the address shown on the public records of the City of Wright City, or the owner's agent(s) where the City has actual notice of such agency. The notice may also be posted on the property. Any such notice of public nuisance shall include a statement of the condition constituting a public nuisance and those actions necessary to remove, terminate or abate the nuisance. Such notice shall also include a reasonable time within which the City demands such owner(s) or person(s) in care and control of the property to abate the nuisance condition, which shall be at least ten (10) days, but may be more in the sole discretion of the City, absent an emergency which may be abated by the City as described in Section 215.040(E) herein. Such notice shall also state that upon failure to abate the condition causing the nuisance within the given time, the City may, in addition to any other available legal remedies, call a nuisance abatement hearing where all parties may be heard and present evidence to the Hearing Officer of the City as to whether the condition on the property constitutes a nuisance, and, if so, how same shall be abated.

Failure to Abate. If the condition of the property that was the cause of the nuisance declaration has not been abated within the time allowed by such notice, the City will either issue a citation to the responsible person to appear in Municipal Court for an ordinance violation or call a nuisance abatement hearing pursuant to Subsection (C).

Nuisance Abatement Hearing. At the nuisance abatement hearing, all parties may be heard by and present evidence to the Hearing Officer of the City as to whether the condition on the property constitutes a nuisance pursuant to the Municipal Code of the City of Wright City, and, if so, how same shall be abated.

The City shall provide notice of such nuisance abatement hearing to the responsible persons at the address shown on the public records of the City of Wright City, the person(s) causing, maintaining, or permitting the nuisance, if different from the responsible persons, or the responsible persons' agent(s) where the City has actual notice of such agency personally or by United States Mail. The notice may also be posted upon the property.

The notice shall include a date, time, and place of the scheduled hearing, which date shall be no sooner than ten (10) days after the date of the notice.

The hearing may be canceled, at the sole discretion of the City Administrator, or his or her designee, if the responsible persons abate the public nuisance acts or conditions described in the notice and provide satisfactory proof of such abatement to the City Administrator or his or her designee prior to the scheduled date of the hearing.

The nuisance abatement hearing shall take place before the City's Hearing Officer, and evidence and testimony shall be given under oath. Such hearing shall be recorded either by a court reporter or an audio recording device capable of recording all testimony and preserving same in the event of an appeal.

The City and all such interested parties to the nuisance abatement hearing shall have an opportunity to be heard and present evidence as to whether the procedures of this Chapter were substantially complied with, whether the act or condition maintained on the property constitutes a public nuisance and whether an order should be entered directing the responsible persons to abate the nuisance.

Any party in a nuisance abatement hearing may be represented by counsel at such hearing.

If, after hearing all of the evidence of the City and the responsible persons if any shall be produced, the Hearing Officer finds a nuisance is being maintained in violation of this Chapter, he or she may issue a nuisance abatement order directing the nuisance be abated within a reasonable time based upon the facts and circumstances of the particular case, but which time shall be at least ten (10) days. The Hearing Officer may further order any legal remedy, which in his or her determination would abate the public nuisance. The order, if one shall issue, shall be in writing, specifying the grounds for the order, the time by which the nuisance must be abated, and the means by which the nuisance shall be abated. The order shall be delivered to the responsible persons either personally, or by United States Mail. Such order may also be posted on the property.

For any public nuisance in this Chapter, upon failure of the responsible persons to comply with the Hearing Officer's order within the time provided, the Code Official or his or her designee may cause the condition which constitutes a public nuisance to be abated by the City or contractors hired on behalf of the City for such purpose. If the City or contractors hired on behalf of the City for such purpose are required to abate the public nuisance, the costs of such abatement shall be certified to the City Clerk who shall cause a special tax bill therefor against the property to be prepared and collected in the same manner as real estate taxes. 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 mere clerical error of informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereto. Such tax bills, if not paid when due, shall bear interest at the rate of eight percent (8%) per annum.

Right To Appeal. Any person(s) alleged to be aggrieved by the decision and ensuing order (the "decision") of the Hearing Officer may appeal the decision to the Board of Aldermen (hereinafter "Board") within thirty (30) days of the issuance of the decision. Any aggrieved person(s) wishing to file such an appeal shall file a notice of intent to appeal with the City Clerk, in any form acceptable to the City Clerk, prior to the time given in the decision to abate the nuisance elapsing. No purported appeal to the Board shall stay the abatement by the City and/or any contractor hired on its behalf for such purpose and the issuance of a special tax bill hereunder, unless such notice of intent to appeal is filed within the time provided in the decision for abatement, in which case the City and/or any contractor hired on its behalf shall stay abatement of the nuisance pending review by and decision of the Board. The decision shall not be considered a final decision of the City for appellate purposes pursuant to Chapter 536, RSMo., and the alleged aggrieved party shall not be deemed to have exhausted their administrative remedies unless said party properly appeals the decision as provided for in this Section.

Hearing Before Board Of Aldermen. Upon receipt of a properly filed appeal pursuant to this Section, the Board shall schedule a hearing and provide at least ten (10) days' prior notice of such hearing to the party filing such appeal. Notice of such hearing shall be delivered either personally, or by United States Mail to the owner(s) at the address shown on the public records of the City of Wright City, and/or the responsible persons, if different from the owner(s), or the owner's agent(s) where the City has actual notice of such agency. Such notice may also be posted upon the property. At such hearing the Board shall conduct a de novo review of the matter to determine whether a public nuisance exists upon the property, and, if so, how same shall be abated. All interested parties may appear at such hearing, may be represented by counsel, present evidence concerning the matter at issue, and cross-examine any witnesses of the City. If, upon such hearing, the Board finds that a public nuisance exists, it shall issue an order directed to the responsible persons in care and control of such property to abate the same within a reasonable time based upon the facts and circumstances of the particular property, which time shall be at least ten (10) days.

Appeal Of The Decision Of The Board Of Aldermen. Any person(s) alleged to be aggrieved by the decision and ensuing order of the Board may appeal the order to the Circuit Court of Warren County with thirty (30) days of the date of the order pursuant to Chapter 536, RSMo. Any person(s) wishing to file such an appeal shall file a notice of intent to appeal with the City Clerk, in any form acceptable to the City Clerk, prior to the time given in the order to abate the nuisance elapsing. No appeal to the Circuit Court shall stay the abatement by the City and/or any contractor hired on its behalf for such purpose and the issuance of a special tax bill hereunder, absent a court order staying such actions and the posting of an appropriate bond by the property owner(s) as required by the Circuit Court, in which case the City and/or any contractor hired on its behalf shall honor the stay issued by the Circuit Court pursuant to such an appeal upon receipt of actual notice of such stay from the Court.

Summary or Emergency Abatement. Whenever it becomes necessary to abate a nuisance immediately to secure the general health, welfare or safety of the City or any of its inhabitants, the City is authorized to abate such nuisance without notice and may use any suitable means or assistance for that purpose, whether by employees of the City or laborers especially employed for that purpose, or any other help or assistance necessary therefor.