City of Malden, MO Article III Abatement Of Nuisances

Section 215.150 Administrative Abatement Of Certain Nuisances.

[Ord. No. 3246, 10-18-2021]

A. In addition to other provisions, powers and procedures authorized by law, the City of Malden may administratively cause the abatement upon any lot or land that has the presence of a nuisance, including, but not limited to:

1. Debris of any kind;

2. Weed cuttings;

3. Cut, fallen, or hazardous trees and shrubs;

4. Overgrown vegetation and/or noxious weeds which are seven (7) inches or more in height;

5. Rubbish and trash;

6. Lumber not piled or stacked twelve (12) inches off the ground;

7. Rocks or bricks;

8. Tin or steel;

9. Parts of derelict cars or trucks;

10. Broken furniture;

11. Any flammable material which may endanger public safety; or

12. Any material or condition which is unhealthy or unsafe and declared to be a public nuisance.

B. Upon discovery of any condition listed in Subsection (A), above, the Director of Public Safety, or the designee thereof, shall issue notice to the owner and occupant of the property. Said notice shall:

1. Be delivered by personal service or First Class Mail to the occupant and owner if the property is not owner-occupied;

2. Specifically describe each condition of the lot or land declared to be a public nuisance;

3. Identify what actions are necessary to abate the nuisance; and

4. Specify a reasonable time, not less than ten (10) days from the date of service, in which to abate the nuisance.

C. If the Director of Public Safety determines a condition described in Subsection (A), above, presents an immediate, specifically identified risk to the public health or safety, the Director of Public Safety shall issue a written finding of such and require occupant to immediately abate the nuisance. Said notice shall comply with the requirements of Subsection (B), above, however, the notice may specify an abatement period of less than ten (10) days if the removal is deemed necessary to protect the public health or safety.

D. Upon a failure of the owner or occupant to pursue the removal or abatement of such nuisance within the time period specified by the notice, the Director of Public Safety or designee issuing the notice shall notify the Building Commissioner, who may cause the condition which constitutes the nuisance to be removed or abated by the appropriate City Official(s).

E. If the Building Commissioner causes such condition to be removed or abated, the cost of such removal or abatement and the proof of notice to the owner of the property shall be certified to the City Clerk or officer in charge of finance 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 collecting official's option, for the property and the certified cost shall be collected by the City Collector or other official collecting taxes 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 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 from the date the tax bill is delinquent until paid.

F. For purposes of this Section, the "Building Commissioner" shall be a Building Commissioner or designated officer acting under the authority of Chapter 505 of this Code.

G. Nothing in this Section shall limit the authority of the Director of Public Safety or any Law Enforcement Official to issue a citation for any nuisance which constitutes a violation of any provision of this Code.