City of Greendale, MO Article V Public Nuisances Related to Certain Uses of Property

Section 215.160 Definitions.

[Ord. No. 648 §1, 1-18-2014]

As used in this Article, the following terms shall have the meanings indicated:

ENFORCEMENT OFFICIAL

The City Administrator or his/her designee.

NUISANCE

Is a continuing act or physical condition which is made, permitted, allowed or continued by any person or legal entity, his or her agents or servants or any person or legal entity who aides therein which is detrimental to the safety, welfare or convenience of the inhabitants of the City or a part thereof, or any act or condition so designated by statute or ordinance.

OWNER

Is the person or entity whose name is listed on the last deed recorded at the Office of the Recorder of Deeds, on the tax records at the Office of the Assessor, or the person in care, custody or control of said premises, either directly or indirectly, including but not limited to agents, property managers, real estate companies/agents, personal representatives and/or executors of estates for deceased or incompetent persons, guardians, and persons holding powers of attorney for any of the aforesaid.

PREMISES

Includes any parcel of property, residential or commercial, and the building or structure, if any, which is situated on the property, and any portion of the public way that abuts the parcel of property where it is used in conjunction with the abutting property for the commission of illegal activity.

Section 215.170 Public Nuisance.

[Ord. No. 648 §2, 1-18-2014]

A. A public nuisance exists when the premises are used for one or more of the following incidents within the previous twelve (12) months:

1. The illegal sale, manufacture, storing, possession, distribution or use of narcotics or other controlled substances or precursors;

2. The illegal sale, manufacture, storing, possession, distribution or uses of drug paraphernalia or precursors;

3. Illegal sale, storing, possession, use or distribution of firearm(s), weapons or explosive devices.

B. A public nuisance exists when the premises are used for two or more of the following incidents within the previous twelve (12) months:

1. Prostitution;

2. Illegal gambling;

3. The illegal sale, distribution or consumption of alcoholic beverages;

4. Violation of municipal, State or Federal business licensing regulations;

5. Commission of any offense which is punishable by imprisonment of ninety (90) days or more;

6. Maintaining or permitting a condition or engaging in an activity which unreasonably annoys, injures, or endangers the safety, health, morals, or repose of any inhabitants of the City of Greendale or a part thereof.

7. Making a false report of a violation of the law to any Police Officer or other officer of the law in person, or from any police alarm or call box, or over the telephone or radio, or by improper use of Emergency 911, or by any other means of communication;

8. Any other condition or activity that may constitute a felony, misdemeanor or ordinance violation under Federal, State, or municipal law which is detrimental to the safety, welfare or convenience of the inhabitants of the City of Greendale or a part thereof.

Section 215.180 Summons.

[Ord. No. 648 §3, 1-18-2014]

Any owner, occupant, tenant or person who engages in, encourages, permits or otherwise fails to immediately abate the nuisance may be issued a summons for engaging in a nuisance or maintaining a nuisance. Any owner of residential or commercial unit(s) who does not abate the nuisance within thirty (30) days of receiving notice therefor shall be issued a summons for failure to abate a nuisance. Each occurrence of nuisance behavior regardless of proximity in time to any other nuisance violation shall be deemed a separate and distinct offense for which a summons may be issued.

Section 215.190 Notice; Enforcement Procedure; Cost.

[Ord. No. 648 §4, 1-18-2014]

A. Whenever an Enforcement Official reasonably believes that any premises constitutes a public nuisance as defined in Sections 215.160 and 215.170 herein he/she shall serve or cause to be served a notice or order in the manner prescribed hereafter reciting the facts constituting such nuisance or violation specifying in what respect the premises is a nuisance and requiring the owner of such premises to implement reasonable measures designed to prevent the recurrence of the nuisance activity. Those measures may include, but are not limited to, making security improvements to the premises, hiring of licensed and insured security personnel, appointment of a receiver, the initiation and execution of eviction proceedings against tenants who engage in the nuisance behavior, or the closing and boarding of the premises for a period not to exceed one (1) year.

B. Whenever such a notice or order is served, the owner may, within seven (7) days after such service, request a hearing before the Enforcement Official or his/her authorized representative, and a hearing shall be given to such owner within ten (10) days, and the period for compliance shall be extended until the completion of the hearing.

C. The rules of evidence prevailing in courts of record shall be controlling in hearings held pursuant to this Section.

D. If such nuisance or violation is not abated or the property closed by the owner within thirty (30) days after service of such notice or order, or after an order so to do is entered following a hearing held as prescribed herein, the Enforcement Official shall certify the case to the City Attorney for further action.

E. The cost of executing such notice or order for the rectifications or removal of a nuisance or violation shall be assessed to the owner in the manner prescribed by law.

F. Any order entered by the Enforcement Officer shall include findings of fact and conclusions of law, and the order shall inform the defendant of his or her right to seek judicial review of the Enforcements Officer's final determination, as provided in Sections 536.100 to 536.140, RSMo.

G. The record of all hearings before an Enforcement Officer shall include:

1. A record of the testimony presented at the hearing, which may be made by tape recording, digital recording or other appropriate means;

2. All exhibits submitted as evidence at the hearing; and

3. A copy of the order.

H. Service Of Notices And Orders. Unless an emergency exists, every notice or order issued by the Enforcement Official pursuant to this Chapter, relative to a premises, shall be served at least thirty (30) days before the time for compliance therewith. It shall be sufficient service to such a notice or order if it is posted in a conspicuous place upon the premises affected and a copy thereof mailed, on the same day it is posted, to the person to whom it is directed at the address filed by him/her in the City Clerk's office, and if his/her address is not so filed in the City Clerk's office, such notice shall be sent by mail to his/her last known address or place of residence.

Section 215.200 Penalty for Violation of Nuisance Abatement Order.

[Ord. No. 648 §5, 1-18-2014]

Failure to comply with an order to abate a public safety nuisance under this Article shall be a violation of this Article, and any person who fails to comply with such an order shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each day the court finds such person to be in non-compliance. In addition to the fine, the court may sentence such person to not more than ninety (90) days' imprisonment.

Section 215.210 Condemnations, Revocation of Permits, Licenses, and Nullification of Exemptions.

[Ord. No. 648 §6, 1-18-2014]

If the Enforcement Officer determines that a nuisance exists and orders that the abatement of the nuisance requires closure of the subject premises, the following shall apply:

1. If the building is at any time occupied during the order of closure the building shall be deemed a nuisance in accordance with the City of Greendale Code and condemned in accordance with the laws of the City of Greendale that apply to condemned buildings. All of the remedies in the City of Greendale allowed through those ordinances shall apply to the violation of a nuisance abatement order.

2. Prior to occupancy of the premises, whether commercial or residential, the property shall be inspected by the appropriate City, State and Federal inspectors. The subject premises must be in compliance with all applicable City, State and Federal, health, safety property maintenance and building codes. No occupancy shall occur unless all code violations are abated.

3. Any property, commercial or residential, which had previously been exempt from or grandfathered in and not subject to compliance with current health, zoning, property maintenance and building codes will be deemed to have forfeited that status and must be in total compliance with all applicable City, State and Federal, health, safety property maintenance and building codes. The property shall be subject to a full occupancy inspection. No occupancy shall occur unless all code violations are abated.

4. Any licenses, variances, permits or certificates, whether business, occupancy or building code, which pertain to the subject premises and were in effect at the time of an order of closure of the premises are deemed revoked or abandoned.