[R.O. 2008 §215.300; Ord. No. 6601 §§1 — 2, 11-24-2003]
A.
Whenever
the Director, Public Works or his or her designee determines that
a nuisance exists as defined in this Chapter, in addition to any other
remedies provided by law, the procedure for abatement shall be as
follows:
1.
Notice. Notice shall be required in order to abate
the nuisance pursuant to the provisions of Section but shall not be
a prerequisite for a violation of this Chapter. The Director, Public
Works or his or her designee shall first notify the person causing,
maintaining or permitting the nuisance that he/she must abate or remove
such nuisance within seven (7) calendar days. Such notice shall include
a description of the nuisance to be abated, the location of the nuisance
and the alternatives described in this Chapter.
Initial notification shall be made by delivering the notice
or by depositing it in the United States mail, postage prepaid, addressed
to the owner of the property and/or the person occupying the property.
If notification is not made by delivery or by mail, then it may be
provided by one (1) or more of the following methods:
a.
Notification may be provided by posting upon such property a notice
containing an order to abate or remove the nuisance within the time
to be specified in this Chapter, or
b.
If the above method of service of notice cannot be successfully completed,
then notice may be given by a publication of said notice one (1) time
in a daily newspaper published within the City.
2.
Failure to give notice. If the property has been
posted with a notice to abate the nuisance, failure to give notice
in any other manner as set forth in this Section shall not invalidate
a lien against the land for the costs associated with abating the
nuisance.
3.
Emergency abatement. The Director, Public Works,
shall have the power to summarily abate, in any reasonable manner,
any nuisance which constitutes an immediate danger to the health,
safety and welfare of the inhabitants of the City.
[R.O. 2008 §215.310; Ord. No. 6601 §§1 — 2, 11-24-2003]
A.
Any
person notified under this Chapter to abate a nuisance shall exercise
one (1) of the following alternatives within seven (7) days from service
of notice.
1.
Abate the nuisance at the expense of the person so notified;
2.
Furnish the Director, Public Works, with written consent for the
City to abate the nuisance with the costs of such abatement to be
assessed to the person consenting. In such circumstance, the person
notified to post a bond or deposit in an amount equal to anticipated
costs of the abatement as determined by the City; or
3.
File a written request with the Director, Public Works, requesting
a reconsideration hearing before the City Manager or his or her designee
challenging the allegation that a nuisance exists.
[R.O. 2008 §215.320; Ord. No. 6601 §§1 — 2, 11-24-2003]
A.
Procedure. Whenever a reconsideration hearing is requested
pursuant to this Chapter, the City Manager shall give notice to all
interested parties, including the owner and occupant of the property,
of the date, time and place of a public hearing to be held to determine
whether a nuisance exists. All persons notified shall be given an
opportunity to present evidence and make arguments to the City Manager
and be represented by an attorney.
B.
Findings. If the City Manager determines that a nuisance
does exist, the City Manager shall issue to the Director, Public Works,
an order to abate nuisance in any reasonable manner and assess the
costs against the property. The order shall contain written findings
of fact and a copy of the order shall be provided to all interested
parties.
C.
Appeal. When a reconsideration hearing is requested as provided
herein and the City Manager finds that a nuisance exists, an appeal
may be taken from that decision by filing for the appropriate relief
in the Circuit Court of Nodaway County, Missouri, pursuant to the
procedure established in Chapter 536, RSMo.
[R.O. 2008 §215.330; Ord. No. 6601 §§1 — 2, 11-24-2003]
A.
Confirmation Of Nuisance. If the person notified fails to
exercise one (1) of the alternatives provided in this Chapter, or
if the reconsideration hearing does not result in a reversal of the
finding of a nuisance and the person has exhausted or waived his/her
appeal rights, then the Director, Public Works, or his or her designee,
shall proceed with the abatement of the nuisance in any reasonable
manner. The costs of the abatement and the administrative processing
of the nuisance against the property shall be assessed as provided
in this Chapter.
B.
Storage, Redemption, Sale. After the determination that
a nuisance exists, items having any apparent monetary value, beyond
salvage value, removed during the nuisance abatement shall be transported
to a storage area or lot at the expense of the owner or person in
custody thereof. The property shall then be stored for a period of
at least thirty (30) days and the person entitled to possession thereof
may redeem the property by payment to the City the actual cost of
removal and a reasonable storage and administrative processing fee.
If any item is unredeemed after the expiration of the thirty (30)
day period, the Director, Public Works, or his or her designee, may
sell it to the highest bidder or, if it has no sale value, may otherwise
dispose of it. Any money received from the disposal of any item shall
be applied to the costs charged to the owner or person in charge thereof.
C.
Towing. The Director, Public Works, or his or her designee,
may tow any motor vehicle or other property as authorized by this
Code.
D.
Notice Of Sale. Prior to the sale of any such property obtained
in a nuisance abatement, the Director, Public Works, or his or her
designee, shall cause to be posted in City Hall, at the place of storage
and in at least one (1) other public place in the City, a notice of
sale stating:
1.
That the City is selling abandoned property;
2.
The color, make, year, motor number and serial number, if available,
and any other information necessary for an accurate identification
of the property;
3.
The terms of the sale;
4.
The date, time and place of the sale.
|
|
The notice shall be published at least once seven (7) days prior
to the sale in a newspaper published in the City.
|
[R.O. 2008 §215.340; Ord. No. 6601 §§1 — 2, 11-24-2003]
A.
If
the abatement is performed by City employees, the cost of the abatement
shall be calculated according to the schedule of costs promulgated
by the Finance Director and kept on file in the office of the City
Clerk. This schedule is to be determined after an analysis by the
Finance Director to determine an accurate estimation of the costs
incurred by the City to abate nuisances subject to this Section.
B.
If
the abatement is performed by contractors hired by the City, the costs
charged for the abatement will be the actual amount paid to the contractor
for the abatement performed.
C.
Any
and all direct fees and costs, including, but not limited to, landfill
fees, shall be included in the abatement cost.
[R.O. 2008 §215.350; Ord. No. 6601 §§1 — 2, 11-24-2003]
A.
When
the City expends any funds in the abatement of any nuisance, the Finance
Director, or his or her designee, shall notify, by certified mail,
the person against whose property the costs were incurred of said
costs. The Director, Public Works, shall certify the costs incurred
in abating the nuisance and administratively processing the nuisance
to the Finance Director, together with the description of the property.
B.
The
cost of administratively processing the abatement to the Director
of Finance shall be seventy-five dollars ($75.00) per regular abatement
action, two hundred dollars ($200.00) for large special bids and six
hundred dollars ($600.00) for railroad bids.
C.
The
person notified shall have thirty (30) days from the mailing of said
notice within which to pay the costs of the abatement to the Director
of Finance. If the person so notified fails to pay the costs of the
abatement within thirty (30) days, the Director of Finance shall immediately,
upon the receipt of this information, enter an assessment in the appropriate
books of the City to be kept for that purpose; and upon the entry
of this assessment a lien will attach to the property. The City Clerk
shall cause a special tax bill therefor against the property be prepared
and collected by the Collector with other taxes assessed against the
property. Such tax bills if not paid when due shall bear interest
at the rate of eight percent (8%) per annum.
D.
Disposition Of Abatement Costs. If the City receives any
revenue as a result of the abatement of any nuisance, that revenue
shall be deposited in and credited to the fund account of the department
that initially advanced the costs for the abatement or enforcement.
If any revenue received by the City in the abatement of a nuisance
cannot first be credited to such department's fund account, then the
revenue received shall be deposited in and credited to the General
Fund.
