[Order No. 09-03-2002C §A(1), 9-3-2002; Ord. No. 10-0116
§A(1), 1-20-2010]
The title of this Chapter shall be known as the "Jefferson County,
Missouri, Public Nuisance Ordinance".
[Order No. 09-03-2002C §A(2), 9-3-2002; Ord. No. 10-0116
§A(2), 1-20-2010]
[Ord. No. 10-0116 §A(3), 1-20-2010]
As used in this Chapter, the following term shall have the prescribed
meaning:
Debris shall include all of those items listed of whatever nature and as enumerated in the Public Nuisance Chapter and specifically Section 200.030(A) below.
[Ord. No. 19-0542, 12-9-2019]
Any vehicle that is inoperable (unable to start and move
under its own power), partially or totally dismantled, or has portions
of its body work missing or is substantially damaged. Derelict vehicles
may include, but are not limited to cars, trucks, motorcycles, construction
equipment, recreational equipment (such as boats, campers, motor homes,
ATVs, and go-carts), lawn and garden equipment, and trailers (such
as utility, boat, and box).
Any weed designated as noxious by rules promulgated by the
Director of the Department of Agriculture for the State of Missouri.
Pursuant to Sections 263.190, RSMo., (2019), the Department of Agriculture
shall maintain a list of such noxious weeds and make such list available
to the public. Noxious weeds in this Chapter shall also be defined
and mirror the Missouri State Law on this subject and shall be incorporated
into this definition as though fully set forth herein.
[Ord. No. 19-0542, 12-9-2019]
Any grass not so exempted herein that is twenty (20) inches
and higher.
[Ord. No. 19-0542, 12-9-2019]
[Order No. 09-03-2002C §A(3), 9-3-2002; Ord. No. 09-0225
§§1 — 2, 5-5-2009; Ord. No. 10-0116 §A(4), 1-20-2010;
Ord. No. 10-0222 §A, 5-4-2010]
A.
All
real property in the unincorporated area of Jefferson County shall
be deemed a public nuisance that has the presence of a nuisance, including,
but not limited to:
[Ord. No. 19-0542, 12-9-2019]
1.
Rubbish, yard waste and trash.
2.
Demolition debris such as lumber, windows, doors, fencing, and shingles.
3.
Bricks and scrap concrete, rock, and blocks.
4.
Scrap metal such as tin and aluminum.
5.
Steel.
7.
Derelict construction equipment.
8.
Derelict lawn and garden equipment.
9.
Tires.
10.
Derelict appliances.
11.
Broken furniture.
12.
Household items (clothing, electronics, lamps, etc.).
13.
Dead animals.
14.
Any flammable material which may endanger public safety or any material
or condition which is unhealthy or unsafe.
15.
Any noxious weed or any tall grass, or uncontrolled vegetation twenty (20) inches and higher (see definition in Section 200.025).
[Ord. No. 21-0359, 7-29-2021]
a.
The following exemptions shall apply to this Subsection:
(1)
Excluded from this Subsection shall be any lands used for farms,
farming or agriculture as designated and as contemplated under the
exemptions contained in Section 67.402, RSMo., ( 2019).
(2)
Excluded from this Subsection shall be any lands and grasses
used for soil stabilization, stormwater or drainage easements, water
conservation, designated wildlife protection areas, such as wetlands,
and other natural areas approved by the Director of County Services
or the Director's designee.
(3)
Excluded from this Subsection shall be decorative landscaping,
gardens and areas under lawful construction.
(4)
Excluded from this Subsection shall be any property in its undeveloped
natural state.
16.
Parts of any of the above.
B.
All real property in the condition of having the presence of debris deemed as a public nuisance in Subsection (A) above is hereby declared to be a public nuisance and shall be abated as provided in this Chapter.
C.
The
following standard shall be followed by the Code Official and the
Jefferson County, Missouri, Code Commission in ordering abatement:
1.
If the debris can reasonably be removed so that it will no longer
exist in violation of this Chapter, it shall be ordered removed.
D.
The
Code Official or his or her representative shall:
1.
Inspect any property about which complaints are filed by any person
to the effect that property is or may exist in violation of this Chapter.
2.
Serve notice of the declaration of nuisance as determined by the
provisions of this Chapter to the owner, occupant, lessee, mortgagee,
agent, and all other persons having an interest in the property as
shown by the land record of the Recorder of Deeds for Jefferson County.
Such notice shall be served either personally or by certified mail,
return receipt requested, and by posting such notice on the property.
Such notice shall state that:
a.
The owner, occupant or lessee must commence work to abate the nuisance
in accordance with the terms of the notice; or
b.
The mortgagee, agent, or other persons having an interest in such
property as shown by the land records of the Recorder of Deeds of
the Jefferson County, may, at his/her own risk, abate the nuisance
by removal of the debris from the property.
c.
Any person notified under this Subsection (2) to remove debris from property shall be given reasonable time not to exceed ten (10) days to commence the action required by the notice. The notice may include a reasonable time in which the required action shall be completed. If, in the judgment of the Code Official or his or her representative, it is determined to be necessary to extend the time to do or have done the work or act required by the notice provided herein, the Code Official shall specify the extension date in writing, and serve an additional notice of the date to which the extension is made.
d.
If service cannot be had by the methods set forth above, a notice
shall be inserted in a newspaper then doing the County printing, notifying
the owner of the public nuisance. The notice shall state that the
owner is responsible for the removal of the debris within ten (10)
days after the publication of the notice.
e.
The parties receiving the notice shall have ten (10) calendar days to appeal the declaration of nuisance to the Jefferson County, Missouri, Municipal Court. In the event that no timely appeal is filed, the declaration shall become final, and the Code Official shall proceed with abating the nuisance pursuant to Subsection (G) below.
[Ord. No. 20-0221, 4-13-2020]
3.
Report to the Jefferson County, Missouri, Municipal Court regarding any appeals timely filed pursuant to Subsection (E) below.
[Ord. No. 20-0221, 4-13-2020]
4.
Appear at all appeal hearings conducted by the Jefferson County,
Missouri, Municipal Court Judge sitting as an Administrative Hearing
Officer and testify as to the condition of debris on property constituting
a public nuisance.
[Ord. No. 20-0221, 4-13-2020]
5.
Place a notice on property constituting a public nuisance substantially
reading as follows:
This property has been found to be a public nuisance by the
Code Official. This notice is to remain on this property until the
debris is removed and the nuisance abated in accordance with the notice
that has been given to the owner, occupant, lessee, mortgagee, or
agent of this property, and all other persons having an interest in
said property as shown by the land records of the Recorder of Deeds
of Jefferson County. It is unlawful to remove this notice until such
notice is complied with.
E.
Right To Appeal Code Official’s Declaration Of Nuisance. Any party receiving the notice required by Subsection (D)(2) above shall have the right to appeal the Code Official’s declaration to the Jefferson County, Missouri, Municipal Court. Said appeal shall be filed within ten (10) calendar days from the date of the notice. Appeals filed later than ten (10) calendar days after the date of the notice shall not be considered timely and shall be dismissed. Appeals shall be filed in the office of the Solid Waste Division and shall be filed on forms provided by the Solid Waste Division. In the event that an appeal is timely filed, the Jefferson County, Missouri, Municipal Court Judge sitting as an Administrative Hearing Officer shall conduct an appeal hearing regarding the matter as set forth in Subsection (F) below. In the event that no timely appeal is filed, the declaration shall become final, and the Code Official shall proceed with abating the nuisance pursuant to Subsection (G) below.
[Ord. No. 20-0221, 4-13-2020[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection E as Subsection F.
F.
The
Jefferson County, Missouri, Municipal Court Judge sitting as an Administrative
Hearing Officer shall:
[Ord. No. 20-0221, 4-13-2020]
1.
Upon receipt of a notice from the Code Official that an appeal has
been timely filed, the Jefferson County, Missouri, Municipal Court
Judge sitting as an Administrative Hearing Officer shall call and
have a full and adequate appeal hearing upon the matter, giving at
least fifteen (15) days' written notice to the owner, occupant, mortgagee,
lessee, agent and all other persons having an interest in the property
as shown by the land records of the Recorder of Deeds of Jefferson
County to appear before it on the date specified in the notice to
show cause why property reported to be a public nuisance should not
be ordered to be cleaned up and work commenced to remove debris in
accordance with the statement of particulars set forth in notice of
the Code Official. Any party may be represented by counsel, and all
parties shall have an opportunity to be heard. Each party shall have
the right to call, subpoena and examine witnesses on the party’s
behalf and to cross-examine opposing witnesses. Appeals heard by the
Jefferson County, Missouri, Municipal Court Judge sitting as an Administrative
Hearing Officer shall be conducted as contested cases pursuant to
Chapter 536, RSMo.
2.
After the appeal hearing, if the evidence supports a finding that the property is a nuisance or detrimental to the health, safety or welfare of the residents of the County, the Jefferson County, Missouri, Municipal Court Judge sitting as an Administrative Hearing Officer shall issue an order making specific findings of fact, based upon competent and substantial evidence, that shows the property to be a nuisance and detrimental to the health, safety or welfare of the residents of the County, and ordering the nuisance abated pursuant to Subsection (G) below. If the evidence does not support a finding that the property is a nuisance or detrimental to the health, safety or welfare of the residents of the County, no order shall be issued.
G.
Abatement
By The Code Official.
[Ord. No. 20-0221, 4-13-2020]
1.
If the owner fails to begin abating the nuisance within the time
specified, the Code Official shall cause the condition which constitutes
the nuisance to be removed. If the Code Official causes such condition
to be removed or abated, the cost of such removal shall be certified
to the County Clerk who shall cause the certified cost to be included
in a special tax bill or added to the annual real estate tax bill,
at the County Collector's option, for the property, and the certified
cost shall be collected by the County Collector in the same manner
and procedure for collecting real estate taxes. If the certified cost
is not paid, the tax bill shall be considered delinquent, and the
collection of the delinquent tax bill shall be governed by the laws
governing delinquent and back taxes. The tax bill from the date of
its issuance shall be deemed a personal debt against the owner and
shall also be a lien on the property until paid.
2.
If the owner complies with the order, or extension thereof, within
the time specified, the Code Official may cause a special tax bill
for any costs incurred by the County (e.g., publication, mailing of
notices, and recording) against the property to be prepared and collected
by the County Collector. The tax bill, from the date of issuance,
shall be deemed a personal debt against the owner and a lien on the
property until paid.
H.
Property Held By The County Delinquent Tax Trustee. The County may, at its option, abate any public nuisance that exists on property titled in the name of the County Delinquent Tax Trustee (“trustee property”). If the County elects to abate a public nuisance located on trustee property, notice to the Delinquent Tax Trustee is not required. Abatement of the public nuisance shall proceed in the same manner as set forth in Subsection (G) above. The costs of abatement shall be paid at the time of sale of the trustee property, unless said costs are specifically waived or compromised by the Jefferson County, Missouri, Council.
[Ord. No. 20-0221, 4-13-2020]
I.
Interested
parties may appeal from the determination of the Jefferson County,
Missouri, Municipal Court Judge sitting as an Administrative Hearing
Officer to the Circuit Court having jurisdiction, as provided for
and established in Section 536.100, RSMo.
[Ord. No. 20-0221, 4-13-2020]
