City of Republic, MO
Greene County
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Table of Contents
Table of Contents
[Ord. No. 07-62 §2, 10-8-2007; Ord. No. 10-48 §1, 11-8-2010]
A. 
Unless a specific procedure is otherwise provided for in an applicable Chapter or Code Section, the following procedures may be followed with regard to administrative enforcement where a hearing is required by State law or ordinance. The hearing may be conducted as a contested or as a non-contested matter and the notice of hearing shall state the nature of the proceeding.
B. 
A contested case is generally governed by the applicable requirements of Chapter 536 of the State Statutes for procedural matters and by Sections 536.100 through 536.140, RSMo., for the appeals procedure. A non-contested case lacks the formal procedural requirements of a contested case and is subject to the appeal process outlined in Section 536.150, RSMo.
[Ord. No. 07-62 §2, 10-8-2007; Ord. No. 10-48 §1, 11-8-2010]
A. 
Whenever a violation of this Code exists, the person causing, maintaining or permitting the violation shall be notified to correct or abate the violation. If the violation is on private property, proof that a person occupies the property or that a person has possession or the right to possession of the property shall constitute prima facie evidence for the purposes of this Chapter that such person has caused, maintained or permitted the violation and such person shall be responsible for its abatement. If the property is vacant, evidence as to the record title owner from the County Recorder's office shall be prima facie evidence for the purpose of this Chapter that the owner has caused, maintained or permitted the violation and such person shall be responsible for its abatement.
B. 
Delivery of a notice may be made by the following methods:
1. 
Delivery of the notice to the owner or the person occupying or having possession of the property;
2. 
Depositing in the United States mail, postage prepaid, the notice addressed to the owner or person occupying or having possession of the property;
3. 
If service cannot be had by either of these modes of service, then service may be had by publication in a newspaper qualified to publish legal notices for two (2) successive weeks; or
4. 
If such property is not occupied and the owner is unknown or cannot be located, posting the notice in a conspicuous location on the property where the violation exists.
C. 
The notice shall be in writing and contain the following information:
1. 
Identifying caption and number assigned to the proceeding by the City with a statement as to whether the matter will proceed as a contested or non-contested matter.
2. 
A brief statement of the matter involved, describing why the notice is being issued.
3. 
A reasonable time for the performance of any act it requires to be not less than ten (10) days and a description of the remedial actions required.
4. 
Whether an answer to the notice is required.
5. 
A statement that the notice is the writing officially instituting the proceeding.
D. 
The notice may also contain a notice of a hearing date to be held upon failure to comply with the order. No hearing shall be held sooner than ten (10) days after issuance of notice of hearing except in emergency situations. If a hearing is scheduled subsequent to this notice being delivered, a notice of hearing shall be delivered containing the caption and number as well as the time, date and place of the hearing if not set forth in the original notice.
[Ord. No. 07-62 §2, 10-8-2007; Ord. No. 10-48 §1, 11-8-2010; Ord. No. 13-09 §2, 2-25-2013]
A. 
Administrative procedures set forth in this Section may be used to abate nuisances as defined by the laws of this State and may be used for any other violations set forth in this Code and being subject to an administrative hearing. Procedures for such abatement or violation shall be as follows:
1. 
The notice of hearing shall provide for a hearing before a person (referred to in this Section as the "hearing officer") appointed by the City Administrator, which hearing officer shall determine if there is a nuisance or other Code violation subject to abatement under the laws of this State or this Code.
2. 
If, upon a hearing for a violation of this Code, the hearing officer finds that a violation exists and that proper notice has been given as provided for in this Code and that there has been a failure to abate or correct the violation, the hearing officer shall make an order authorizing the City to abate a violation if it is a nuisance or such other appropriate remedy for a non-nuisance violation. In addition, the hearing officer may order the property owner or other responsible party to abate the nuisance by a date certain after which the City will be authorized to abate the nuisance or non-nuisance violation pursuant to the order issued under this Section. The abatement or remedy ordered shall be subject to appropriated and unencumbered funds being available to perform the abatement. In addition to the City physically abating the violation, the City may seek abatement through injunctive relief or any other available legal remedy.
3. 
If the matter is a contested matter, the decision of the hearing officer may be appealed pursuant to appeal procedures set forth in Section 430.090 by any person who is aggrieved by such decision, provided such appeal is filed within the thirty (30) day period set forth in Section 536.110, RSMo. If the matter is a non-contested matter, the appeal will be pursuant to Section 536.150, RSMo.
[Ord. No. 07-62 §2, 10-8-2007]
A. 
If a complaint is filed in Municipal Court charging a person with violating provisions of this Code, the Municipal Court Judge may, if appointed as the hearing officer, consolidate the administrative proceedings with actions for violation of provisions of this Code for hearing purposes. If such actions are consolidated, the Municipal Court Judge may order the violation to be abated and assess costs against the violator upon a finding of guilt or a guilty plea.
B. 
In a case where the owner has failed to remove or abate after notice conditions or materials which may endanger public safety or any material or condition which is unhealthy or unsafe and found by the hearing officer to be a public nuisance, all of the cost of the abatement of a nuisance, including, but not limited to, costs of notices, inspections and abatement, shall be reported to the hearing officer if not paid pursuant to Code Section 425.090(C), who shall certify the amount thereof to the City Clerk pursuant to Section 425.090(DE). The City Clerk may forward the certified amount to the Director of Finance and the Director of Finance shall have the option of issuing a special tax bill for the assessment of abatement costs or the Director of Finance may direct that the cost of such abatement be added to the annual real estate taxes for the tract of land. If the certified cost is added to the annual real estate bill for the property and not paid, the real estate taxes shall be considered delinquent and the collection thereof shall be governed by the laws applicable to delinquent real estate taxes. Any special tax bill issued shall be for a term of five (5) years, shall bear interest until paid at the legal rate and may be foreclosed upon by the City through appropriate proceedings in Circuit Court. Costs of collection, including attorney fees, shall be added thereto in the event a lawsuit is filed to collect the tax bill.
C. 
In all cases heard by a hearing officer, the owner of the property at the time the nuisance was abated and any other person found by the hearing officer to have caused, maintained or permitted the nuisance shall be personally liable to the City for the cost of such abatement and there shall also be from the time of such certification a lien upon the land where such violation was abated, such lien to run with the land for the full cost to the City for such abatement and in favor of the City, upon which the City may take appropriate action in accordance with law.
D. 
The City of Republic shall record with the County Collector's office a notice of discharge of the lien in the event it is released or satisfied through payment or foreclosure.
E. 
If, upon a trial for the violation of this code, the judge of the Municipal Court shall find that a violation exists and that the defendant has had proper notice as provided in the Code and that the defendant has failed to abate the violation, the judge of the Municipal Court shall, in addition to any penalty assessed pursuant to Code Section 100.220 for violating this Code, make an order authorizing the appropriate City department(s) to abate such violation forthwith and immediately report the expense thereof to the judge of the Municipal Court who shall, as a part of the costs of such prosecution, render judgment against the defendant after opportunity for hearing for the amount of such expense, which shall be collected as other fines and costs.
[Ord. No. 07-62 §2, 10-8-2007]
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 Republic relating to the use, condition or occupancy of property or structures located within the City of Republic 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 with the City of Republic 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 of Republic.
3. 
Any such warrant shall be directed to the Chief of Police or any other Police Officer of the City of Republic and shall be executed by the Chief of Police or said Police Officer within the City of Republic limits and not elsewhere.
B. 
Who May Apply For Warrant — Contents Of Application.
1. 
Any Police Officer or an attorney of the City of Republic 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 of Republic to allow such action and has refused to allow such action;
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 probably cause exists to inspect or search for violations of any City of Republic 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 of Republic 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 of Republic 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 of Republic 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 of Republic 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 one (1) 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 of Republic;
b. 
Be directed to any Police Officer in the City of Republic;
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 particularity 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 of Republic 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 title of office indicated.
3. 
Execution and return.
a. 
A search warrant issued under this Section shall be executed only by a City of Republic Police Officer, provided however, that one (1) or more designated City of Republic 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 required — dispositioin of property seized.
(a) 
If any 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 of Republic 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 of Republic 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 deems necessary to assist him in executing the warrant and such persons shall not be held liable as a result of any illegality of the search and seized.
(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 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 making of the application.
b. 
(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.
D. 
Warrant Invalid, When. A search warrant shall be deemed invalid:
1. 
If it was not issued by the Municipal Judge;
2. 
If it was issued without a written application having been filed and verified;
3. 
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (C)(1)(b) hereof;
4. 
If it was not issued with respect to property or places in the City of Republic;
5. 
If it does not describe the property or places to be searched, inspected, entered upon or seized with sufficient certainty;
6. 
If it is not signed by the Judge who issued it; or
7. 
If it was not executed and the required return made within ten (10) days after the date of the making of the application.
[Ord. No. 07-62 §2, 10-8-2007]
A. 
If a person violates this Chapter or if a notice of violation is not complied with within the time specified in any required notice, the City may cause a Municipal Court summons to be issued and the City Attorney may be instructed to institute the appropriate legal proceedings to obtain an injunction to restrain, correct or abate such violation.
B. 
If it shall be the opinion of the City Administrator or the Director of Public Works that any building, structure or other condition is such that the danger to the traveling public or to the public ways is imminent, thereupon the City Administrator or City Attorney is hereby authorized to execute on behalf of the City such bonds or other instruments that may be necessary to secure immediate injunctive relief from the maintenance of such imminently dangerous building, structure or condition.
[Ord. No. 07-62 §2, 10-8-2007]
A person notified as provided in this Code shall not fail, neglect or refuse to comply with the notice within the time specified in such notice. For every day from the time specified in the notice that such person shall fail, neglect or refuse to comply with the notice and for every day thereafter that such person shall fail, neglect or refuse to abate the violation, the person shall be deemed guilty of a separate offense. If the property has been posted with a notice to abate the violation, failure to give notice as set forth in this Chapter shall not in any way invalidate a lien against the land for charges to abate the violation.
[Ord. No. 07-62 §2, 10-8-2007; Ord. No. 13-09 §2, 2-25-2013]
A. 
Whenever conditions exist that create an immediate threat to the public health, welfare and safety by virtue of a violation of this Code, the Building Commission as established in Section 505.070 of this Code or such other official authorized by the City Code to deal with emergency or nuisance situations may, without notice or hearing, issue an order reciting the existence of an emergency and require that such action be taken as necessary to summarily abate the threat. Such order shall be effective immediately and shall direct the appropriate City department(s) to abate the violation if not forthwith abated by the property owner or person in control of the property. A copy of such order shall be delivered to the owner or person in control of the property where the violation exists. Any person to whom such an order is directed shall forthwith abate the violation. The inability to deliver the order to the property owner or person in control of the property shall not stay the order or prevent execution of the order.
B. 
Upon an order being issued pursuant to Subsection (A), a notice and copy of the order shall be sent to all parties involved who have an interest in the property setting forth the nature of the emergency and the action to be taken under the order. The notice shall be mailed or personally delivered within five (5) business days of the order and the notice shall advise the parties of the right to file a petition with the City Clerk requesting a hearing. The request for hearing must be made within fifteen (15) days of the date of the order. The hearing shall be conducted before a hearing officer appointed pursuant to this Chapter and shall be held within ten (10) days of the request for hearing. The burden shall be on the petitioner to present evidence that an immediate threat to the public health, welfare and safety did not exist. The hearing officer may continue the order in effect, modify the order or revoke the order. The hearing may be continued upon a showing of good cause by any party.
C. 
Whenever conditions exist that create a potential danger by virtue of a violation of this Code which if left unabated could quickly develop into an immediate threat to the public health and safety as described in this Section, the Building Commission or such other official authorized by the City Code to deal with emergency or nuisance situations may initiate an expedited hearing process. Written notice of the dangerous condition and of the date and time of the hearing shall be issued pursuant to Section 430.020 (A) and (C). The hearing may be held not less than five (5) days after posting and/or mailing of the notice of hearing. For purposes of this paragraph, a reasonable time in which to comply with the notice to correct the violation shall be five (5) days after issuance of the notice.
D. 
Cost of abatement shall be assessed per Section 425.090.
E. 
In addition, injunctive relief may be sought as provided for in this Chapter.
[Ord. No. 07-62 §2, 10-8-2007; Ord. No. 10-48 §1, 11-8-2010]
The decision of the administrative hearing officer shall be made in writing. In a contested matter, the decision shall be in conformity with Section 536.090, RSMo., and any party aggrieved by the decision of the administrative hearing officer may appeal to a court of competent jurisdiction as is set forth in Sections 536.100 and 536.110, RSMo. In a non-contested matter, any party aggrieved by the decision of the administrative hearing officer may appeal the decision pursuant to Section 536.150, RSMo. An appeal of an administrative decision shall not stay the effect of the hearing officer's decision.