HomeMy Public PortalAboutORD13605 BILL 2003-77
SPONSORED BY COUNCILMAN BERRY
ORDINANCE NO..
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 21
OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI PERTAINING TO NUISANCE
ABATEMENT,
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1 . Chapter 21 , Sec. 21-5. Notice to Abate, of the Code of the City of
Jefferson is hereby amended as follows:
1-i've, 21
-5. Notice to Abate.
"IllelleNer it nuisance is I'Milld it,cxisl t%ilhilt tile rite m within the city's
a (Itll\' desigilated (►I*fict�r(Wl*(11111)1()yTC()I•the 61V Sihill gl C liolice, in 'levordillice with
Section 21-6, to tlik- owncr or occupaill ol'llic 111,01vilv 111)(111 which !;lwh nuisance exists or llpoll the person
Causing of Illaillmilling the litlisillice.
Section 2. Chapter 21 , Sec. 21-6. Contents of Notice, of the Code of the City of
Jefferson is hereby repealed in its entirety and replaced as follows:
Sec. 21-0. Contents or notice.
A. E'Xeept for lillisallees described under subsection 11,any notice lo ithitte it nuisance Issued under
file provisions of'this article shall contain such olAhe l'ollowilig:
I) ,% fiiii (leseriptioi► ol'wint( constitutes the lillislillec, and the location ol,tile nuisance,if'
the same is stationary.
2) A slatell►elit of acts necessary to abide the lillisalics...
3) All order to remove the nuisance, notice of procedures to request a licaring, and it
reasonable little either to remove (lie nuisance or request a hearing,
4) � statement of notice that it'the nuisance is not abated its directed anti no request Cor
licill-ing is lillide within the prescribed little,file city will abide such nuisance and assess
the Costs thervot,against stlell person as outlined in Sections 21-8 wid 21 I-Q.
VVIlere ithillellivill ohl lillisllice Infly require delliolitioll ohl building or s(rill,1111re,of.111,111dillol-N,
repair lilld 11111illielialla of 11 hilildilig or strilefore, ill order to maintain the health, safely or
welfare ol'the residents ortile city,and illilde(Illitte action has been lakes(1►remedy the situation
11poll previous notice served:
I A hill and ade(IIIII(v hearing shall he Called and colidlicled 1► the Director of
('oliitlit y Development or his duly designated representative, known lt this
subsection its tile hearing of,licer.
2) The owlier,occupier',lessee,Illortgagee,Ilgent and all other persons Illiving un Interest
ill the building or structure as sho►vit by file land records ill* the comit), recorder of
deeds,shall Ile 11111(le parties(4) the heill-ing,shall have an oi)i)orttinIt%,to be heard,and
shall be served notice of the hearing (perso lilt I ly or certified mail, retill-11 receipt
requested; if those methods fail, service nray he had by publication) allowing; al leas)
tell (10)days w►•i►fen notice. The notice shall include file date, bore and phrce of file
hearing;.
3) Any party may be represented by counsel surd hsrve the right to present evidence.
4) In the event Ihat wry or all of file parties fail to appear at file hearing;, the evidence of
file existence of facts which constitute g;rouuds for the demolition of at building; or
structure, or mandatory repair and urainlcuaoce of it buil(ling; or structure shall be
considered uut•elsulted.
S) The technical rules of evidence s113111 not apply in the hearing. Ally relevant evidence
nray be admitted and considered by the hearings officer- If it is file sort of evidence or
which responsible persons are accustomed to rely in the conduct of serious affairs.
Objections to evidence shall he noted and a ruling; given by file hearing officer.
ti) If, after the hearing;, competent and substantial evidence shown, the building, or
structure to be it nuisance and detrimental to the health, safely, or welfare of file
residents of the city,file hearing;officer shall issue slit ordet•making;specific findings of
fact which shores the building; or structure to he at ntrisa nce and detrimental to file
health, safely, or welfare of file residents of file Cify, and ordering; the building; or
structure U►he repaired ur dcnu,lishect surd removed. If(he ex ideoce presented does not
support it finding; that file building; or sUvclure is it nuisance or detrinreiUal to the
health, safely,or sselfare of the residents of tilt' city, oo order ~hall be issued,
~talc hew reference- Similm• pi-ovisions, RSNIo ` 07A 1U.
(Cock 1477, � 24-5)
Section 3. Chapter 21, Sec. 21-9. City's costs declared lien, of the Code of the
City of ,Jefferson is hereby repealed in its entirety and replaced as follows:
Sec. 21-1). Costs of abatement to he assessed.
Array and alt costs incurred by file c•ify in the ahalement of a nuisance under file provisions of this
article shall be certified to the city clerk or officer iu charge of finance,xxho shall cause a special tax hill
or assessment therefor against tl►e property be prepared and collected by the official responsible for
collecting,personal property taxes. The special tax bill or assessment shall be notice to 1111 persons fronn
the time of its recording,, and shall bear iulcresf ail file legal rate therca►ftcr until satisfied.
Statelawreference-tiuisauces— expenscofsuppression,hoxs paid,I?SiNlo.§71.7811; I'rovisiomrequired
in ordinance, RSNIo ~07,410.
Section 4. This Ordinance shall be in full force and effect from and After the date
of its passage and approval.
Passed: roved:
� . tl_ _ _ r
Presiding Officer Mayor
i
(ATTEST: APP -%VED C TO FORM:
City Clerk City Counselor M '
C