[Ord. No. 1281 §6, 6-21-2004]
For the purposes of this Article, a "nuisance" shall consist of any activity which, when occurring in relation
to the use of occupancy of residential or commercial property, hurts,
annoys, inconveniences or cause damage to the inhabitants of the City
or a substantial part thereof with respect to welfare, health, convenience
or safety or with respect to the free use and comfortable enjoyment
of property.
[Ord. No. 1281 §6, 6-21-2004]
A.
The
Pagedale Police shall notify the Chief of Police or his/her designee
that there has been an arrest or a summons issued for violation of
City ordinance or State Statute relating to any of the following activities.
1.
Peace disturbance as prohibited by the Pagedale Municipal Code;
2.
Lewd and/or lascivious behavior as prohibited by the Pagedale Municipal
Code.
3.
Maintaining a house of prostitution as prohibited by the Pagedale
Municipal Code.
4.
Noise as prohibited by the Pagedale Municipal Code.
5.
The use of firearms as prohibited by the Pagedale Municipal Code.
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The Chief of Police or his/her designee shall then notify the
owner of the property through the issuance of warning notice of the
violations. Said notice shall advise the owner that if an additional
violation, as listed in this Article, occurs within sixty (60) days
from the date of said warning notice, the Chief of Police or his/her
designee shall issue to the owner a final notice to abate. If an additional
violation, as listed in this Article, occurs subsequent to the final
notice to abate, the Chief of Police or his/her designee shall issue
an order to the owner declaring that there is reasonable cause to
believe that a public nuisance exists at the property in question.
Notice shall be by personal service, mail or by posting on said property.
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B.
Upon
the declaration by the Chief of Police or his/her designee that he/she
has reasonable cause to believe that a nuisance exist at a specific
property under the provisions of this Article , the Chief of Police
or his/her designee shall give notice of a hearing for the purpose
of determine whether the nuisance has been abated and, if not then
to determine appropriate remedies for abatement and enforcement.
C.
Within
ten (10) working days of the mailing of the notice and the posting
of the notice of hearing, the Chief of Police or his/her designee
shall commence a hearing for the purpose of determining whether a
public nuisance continues to exist under the provisions of this Article.
All interested parties, including owners, lessees, tenants and Police
Officers, may attend the hearing and present testimony. The notice
of hearing shall include the purpose of the hearing, the date and
time of the hearing, and the location of the hearing.
D.
At
the conclusion of the hearing the Chief of Police or his/her designee
shall issue an order finding that the activity occurring at the subject
property is not a public nuisance, and no further action is required,
or that the activity occurring at the subject property does constitute
a public nuisance, in which case the Chief of Police or his/her designee
shall order appropriate means to abate the activity. If deemed appropriate
and necessary to abate the nuisance activity, the Chief of Police
or his/her designee may prohibit the occupancy of the property to
the extent necessary to abate the nuisance but for a time period of
not less than thirty (30) days nor more than one (1) year. A copy
of said order shall be sent by mail to the owner of the involved property
or the occupant(s) of the involved property, if different from the
owner. Any person adversely affected by said order shall have a right
of judicial review as provided by Section 536.100, RSMo., 2000, as
amended.
E.
In
the event the Chief of Police or his/her designee prohibits the occupancy
of any property, the owner of said property shall immediately secure
the property from use during the period of closure. In the event the
owner fails to secure the property as ordered, the Chief of Police
or his/her designee shall take all appropriate steps to undertake
and complete the work necessary to secure the property. Any cost incurred
by the City in securing a property under this Article shall be assessed
against the owner of the property.
F.
The
Chief of Police or his/her designee may promulgate rules and regulations
to carry out and give full effect to the provisions of this Section.
[Ord. No. 1281 §6, 6-21-2004]
A.
As a complete alternative to the procedure set forth in this Article and notwithstanding any and all other methods provided by law, the Chief of Police or his/her designee shall have the authority to abate any activity which is deemed to be a nuisance as determined by the procedure set forth in Subsections (B) through (G) herein.
B.
The
Chief of Police or his/her designee, upon receipt of a petition signed
by a majority of the persons owning real property, or a majority of
the registered voters occupying property, within the block's radius
of the alleged property to be a public nuisance from the center of
the front of said property projected to the street, alleging that
the activity permitted by the occupants and/or owners of said property,
as factually set out in said petition, is of an ongoing and continuous
nature and constitutes a substantial determent to the health, welfare,
safety and convenience of the subscribers to the petition.
C.
The
format for the petition shall be approved by the Chief of Police or
his/her designee and shall specifically state the type and nature
of the activity, which is alleged to be of an ongoing and continuous
nature and constituting a substantial detriment to the health, welfare,
safety and convenience to the petition's subscribers.
D.
The
Chief of Police or his/her designee shall set a reasonable time for
the hearing on said petition. Not later than ten (10) working days
prior to said hearing, the Chief of Police or his/her designee shall
cause to be served a notice of said hearing and a copy of the petition
on the legal owner or owners of said property, as determined by the
records of ownership maintained by the office of the Recorder of Deeds,
the occupants of said premise, if they are different from the legal
owner, and the person or persons designated to receive shall be deemed
sufficient for the purpose of this Subsection.
E.
The City Clerk is hereby designated to review the petition filed in each proceeding and to verify the signatures appearing thereon with the property owners or the registered voters whose names appear on the Board of Election Commissioner's records, as the case may be, and whether such persons constitute a majority of property owners or registered voters in said petition circle. A report thereof shall be made to the Chief of Police or his/her designee prior to the setting of a hearing date on said petition. A hearing date shall not be set unless the signatures of a majority of the property owners or a majority of the registered voters in the petition circle are verified. Failure of a petition to contain sufficient signatures under the requirements of Subsection (B) herein shall not prohibit the refilling of a new petition regarding the same premises.
F.
The
hearing shall be conducted at the time and place set forth in the
notice. The Chief of Police or his/her designee shall commence a hearing
for the purpose of determining whether a public nuisance exists under
the provisions of the Article. All interested parties, including owners,
lessees, tenants and neighbors, and Police Officers may attend the
hearing and present testimony. The notice of the hearing shall include
the purpose of the hearing, the date and time of the hearing, and
the location of the hearing. The Chief of Police or his/her designee
shall take testimony pertaining to all relevant matters. The hearing
may be continued, if necessary, to conclude the investigation or for
good cause shown.
G.
At
the conclusion of the hearing, the Chief of Police or his/her designee
shall issue an order finding that the activity occurring at the subject
property is not a public nuisance, and no further action is required,
or that the activity occurring at the subject property does constitute
a public nuisance, in which case the Chief of Police or his/her designee
shall order appropriate means to abate the activity. If deemed appropriate
and necessary to abate the nuisance activity, the Chief of Police
or his/her designee may prohibit the occupancy of the property to
the extent necessary to abate the nuisance but for a time period of
not less than thirty (30) days nor more than one (1) year. A copy
of said order shall be sent by mail to the owner of the involved property,
the occupant(s) of the involved property, if different from the owner.
Any person adversely affected by said order shall have a right of
judicial review as provided by Section 536.100., RSMo., 2000, as amended.
[Ord. No. 1281 §6, 6-21-2004]
A.
In
determining whether the operation of a property is detrimental to
the neighborhood in which the property is located and therefore constitutes
a public nuisance, the Chief of Police or his/her designee shall consider
the following factors, giving such weight thereto as he/she deems
appropriate.
1.
The physical characteristics of the neighborhood in which the alleged
nuisance property is located, with particular consideration being
given to the proximity of the property to parks, churches, schools
and playgrounds.
2.
Loitering in the immediate vicinity of the alleged nuisance property
by persons frequenting the property.
3.
Littering committed by owner, occupant or persons frequenting the
alleged nuisance property.
4.
Drinking of alcoholic beverages in public by the owner, occupant
or persons frequenting the alleged nuisance property.
5.
Lewd and indecent conduct, including, but not limited to, public
urination, exhibited by the owner, occupant or persons frequenting
the alleged nuisance property, whether such behavior occurs on the
property or in the immediate vicinity thereof.
6.
Commission of crimes, ordinance violations or acts done, permitted,
allowed or continued to the damage or injury of any of the inhabitants
of the City upon or in the immediate vicinity of the property by the
owner, occupant or persons frequenting the alleged nuisance property.
7.
Possession, sale or use of controlled substances or illegal drugs
upon or in the immediate vicinity of the alleged nuisance property
by the owner, occupant or persons frequenting the property.
8.
Harassing or intimidating behavior exhibited by the owner, occupant
or persons frequenting or congregating about the alleged nuisance
property toward persons living in the neighborhood in which the property
is located or toward persons passing by the property.
9.
Noise associated with or caused by the owner, occupant or persons
frequenting the alleged nuisance property.
10.
Street or sidewalk congestion associated with or caused by the owner,
occupant or persons frequenting the alleged nuisance property.
11.
Discharging of any firearm upon said property.
12.
Any other activity deemed relevant by the Chief of Police or his/her
designee to the determination of whether said activity is detrimental
to the neighborhood in which the alleged nuisance property is located.
[Ord. No. 1281 §6, 6-21-2004]
The lack of knowledge of acquiescence or participation in or
responsibility for any alleged detrimental activity on the part of
the owner or occupant of the property shall not be a defense for such
owner or occupant in determining whether said activity is in fact
detrimental to the neighborhood in which the property is located.
For purpose of this Section, a person shall be considered to frequent
a property if he/she lives or works at or visits the property or if
he/she loiters about the immediate vicinity of the property but would
not do so except for the existence of the property.
[Ord. No. 1281 §6, 6-21-2004]
Any person employed, or contracted with, for the abatement of
a nuisance as ordered under the provision of this Article, and any
agent or employee of such person, shall have the right of entry for
that purpose into and upon any property.
[Ord. No. 1281 §6, 6-21-2004]
It shall be the duty of the Police Department of the City of
Pagedale to assist the Chief of Police or his/her designee and his/her
officers and employees in the discharge of their duties, as may be
required under this Article, whenever called upon to do so.
[Ord. No. 1281 §6, 6-21-2004]
A.
Is
shall be a violation of this Article for the owner, his/her agent
or the occupant of any residential or commercial property to fail
to obey an order to abate a nuisance under the provisions of this
Article.
B.
It
shall be a violation of this Article to interfere with any entry permitted
herein or any entry by any Police Officer, any officer or agent or
employee of the City of Pagedale for the purpose of abatement of any
nuisance as ordered under the provisions of this Article.
C.
It
shall be a violation of this Article for any person to use or occupy
or to permit any other person to use or occupy any property ordered
closed pursuant to this Article.
D.
It
shall be a violation of this Article for any person to mutilate or
remove any order posted under the provisions of this Article.
[Ord. No. 1281 §6, 6-21-2004]
Nothing in this Article shall be interpreted to supersede or
limit in any manner the authority of the Building Commissioner to
condemn property under the authority of any provision of the City
of Pagedale.
[Ord. No. 1281 §6, 6-21-2004]
All notices required under this Article shall be sent to the
owner of the property, the occupants of the property, if shown on
the Recorder of Deeds records, and posted on the subject property
in a conspicuous place.
[Ord. No. 1281 §6, 6-21-2004]
Closure of any property pursuant to this Article shall not constitute
an act of possession, ownership or control by the City of Pagedale
of the closed property.
[Ord. No. 1281 §6, 6-21-2004]
Nothing contained in this Article shall relieve the owner of
any property from complying with all other ordinances that relate
to property, fire or health codes or any other ordinance that regulates
the condition or use of the property.
[Ord. No. 1461 §1, 12-9-2010]
Should any residential and/or commercial property be declared a nuisance pursuant to the Pagedale City Code, Chapter 215, the landlord and/or owner of said property shall be held liable for abating the nuisance, pursuant to the abatement procedure referenced in Pagedale City Code, Sections 215.010 and 215.140, and subject individually to any and all penalties and procedures referenced in Chapter 215 of the Pagedale City Code.
