City of Park Hills, MO Procedures For Immediate Removal Of Nuisance

[R.O. 2016 § 220.170; CC 1994 § 34.310; Ord. No. 288-99 § 1, 8-10-1999]

Whenever a nuisance shall exist, which is causing an immediate threat to the public health or safety, causing an emergency situation as defined by competent authority, or whenever the property owners have repeatedly ignored the order to remove the nuisance, the City Administrator or his/her duly authorized representative shall immediately remove the nuisance material from the private property. In the event the nuisance is determined not to be an emergency situation, abatement of said nuisance shall be accomplished by utilizing Articles I and II of this Chapter. If the material to be removed is capable of storage, the items shall be stored by the City until such time as the final disposition with regard to its threat can be determined. At the time of removal, the City Administrator or his/her duly authorized representative shall issue a written notice of violation of the nuisance and a summons for the property owner to appear before the City Administrator or his/her duly authorized representative for an informal hearing to determine whether or not an offense has been committed. Said notice and summons shall contain information regarding the time, date and place of the meeting.

It shall be the duty of the City Administrator or his/her duly authorized representative to keep an accurate statement and account of expenses incurred in the removal or abatement of the nuisance and to file a statement of such expenses with the City Clerk.

The informal meeting between the property owner and City Administrator or his/her duly authorized representative shall be held within ten (10) days of the issuance of the notice and summons. The hearing before the City Administrator or his/her duly authorized representative shall be at the City Hall, the Municipal Courtroom, or another place designated by the City Administrator. The purpose of the informal meeting is for the City and property owner to address the violation and to hear any response the property owner may have to the violations. After discussing the violation, the City Administrator or his/her duly authorized representative shall have the authority to order the return of the items removed to the property owner or the continued storage of the items. In addition, the City Administrator shall have the authority to recover any expense the City incurs as a result of the removal, abatement and storage of the nuisance material.

At the conclusion of the meeting, the City Administrator or his/her duly authorized representative shall prepare a summary of the meeting within ten (10) calendar days after the informal meeting. One (1) copy shall be sent by certified mail to the property owner and one (1) copy shall be kept in the City Administrator or his/her duly authorized representative's file.

If the property owner is not satisfied with the City Administrator or his/her duly authorized representative's decision as written in the summary of the informal meeting, the property owner shall have five (5) days from the receipt of the summary of the informal meeting to request, in writing, a formal hearing before the City Council. The written request for the formal hearing shall be delivered to the City Administrator. The formal hearing shall immediately be placed upon the City Council's agenda for the next regularly scheduled Council meeting; however, in no event shall the formal hearing take place more than thirty (30) days after the request. During the period of time from the informal meeting to the formal hearing, the nuisance material shall not be returned to the property owner and shall continue to be stored in the same manner as it was before the informal meeting.

The City Administrator or his/her duly authorized representative shall keep an accurate statement and account of any additional amounts incurred in the abatement and storage of the nuisance material. Said statement shall be sent to the property owner and the City Council five (5) days before the formal hearing. At the formal hearing, the City Council shall have the authority to assess the additional costs against the property owner.

It shall be the duty of the City Administrator or his/her duly authorized representative to send the property owner, by certified mail receipt return, a notice of the formal hearing within five (5) days of the request for the formal hearing.

The purpose of the formal hearing is to discuss the ordinance violation. The hearing shall be structured so as to provide the basic safeguards for both the City and the land owner, which shall include:

The right of both parties to be represented by counsel or other person chosen as his/her representative.

The right of the property owner to a private hearing, per his/her request.

The right of both parties to present evidence and arguments in support of his/her position and to refute the evidence of all witnesses on whose testimony or information the parties rely.

A decision based solely and exclusively upon the facts presented at the hearing.

The hearing shall be conducted by the City Council and oral or documentary evidence pertinent to the facts and issues raised by the parties may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings.

The City Council shall have the authority to order the permanent removal of the nuisance material, the return of the nuisance material, and the assessment of costs to cover the cost incurred in the storage, abatement and removal of the nuisance material. The City Council shall make their determination as to the distribution of the material at the formal hearing. The City Council shall prepare a written decision together with the reasons therefor, a statement of facts and conclusion of law. Said statement shall be sent to the landowner by registered mail receipt return and a copy shall be retained in the City Council's file. The City Council decision shall be binding on the parties. The decision of the City Council, as a decision by an administrative body, shall be appealable to the Circuit Court as spelled out in the Missouri Statutes.

Failure of the landowner to appear at the informal meeting with the City Administrator or his/her duly authorized representative or the formal meeting with the City Council shall be construed by the City as a forfeit of his/her rights to the hearings and meeting under this Chapter.