HomeMy Public PortalAboutORD15896 BILL NO. 2018-115
SPONSORED BY Councilman Hussey
ORDINANCE NO. /50611,
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER
18, ARTICLE VIII THE DEFINITION OF HABITUAL OFFENDERS.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Chapter 18 (Administration) Section 155 (Habitual Offenders) is
amended as follows:
Sec. 18-155.Habitual Offenders.
A. As used in this chapter, the term "habitual offender" shall be defined a person who, after the
effective date of this ordinance,has at least three times in any 365 day period, or five times in any
730 day period:
1. been ordered to abate a code violation after a hearing (including a hearing for which the
person had notice but did not attend) or has had a code violation abated pursuant to
Chapter 21 of the City Code; or
2. has been convicted in municipal court for violation of:
a. Any violation of Chapter 21 of the City Code, or
b. Any violation of Chapter 8 of the City Code, or
c. Any violation of Chapter 5 of the City Code, or
d. Any violation of the following sections of the City Code:
(1) 18-75 Graffiti
(2) 22-30 Abandoned Motor Vehicles
(3) 29-18 Connection to public sewer required.
B. Any person found to be guilty of a code violation identified in subsection A.2 this section and
found by the court to be a habitual offender shall be punished by a fine of not less than Three
Hundred Fifty and no/100 Dollars($350.00)and not less than thirty(30)days in jail.
C. The Court shall not suspend imposition of sentence nor suspend execution of sentence for any
person found guilty of a code violation identified in subsection A.2 this section and found by the
court to a habitual offender unless the Court imposes probation on the person of not less than one
year with at least the following conditions of probation:
1. The habitual offender shall post a bond in an amount determined by the Court based upon
a recommendation from the Director of Planning and Protective Services City,
Administrator or his or her designee. In making such a recommendation the Director of
' . • • •_ . •: : - ' - _ - . _ City Administrator, or his or her designee, shall
estimate the total expected cost to the City to abate the type of violations committed by
the habitual offender assuming the habitual offender continues to commit such violations
during the period of probation, as well as administrative fees and the costs to prosecute
such expected violations. Such bond shall be held by the
City Administrator, or his or her designee, who shall account
separately for the bond fund of each habitual offender;and
2. The habitual offender consents in writing, in a form approved by the Court, to allow the
• -- • •: - . -- ' - -- City Administrator, or his or her
designee,to apply his or her bond to the costs of abating any code violation committed
by the habitual offender during the term of the probation, provided however that the
• 1- • •- • I - -- • - - -- City Administrator, or his or her
designee,shall give the habitual offender not less than ten(10)days' notice by registered
mail of his or her intent to apply such bond funds, and, provided further that the habitual
offender may appeal the action of the • 1- . • •. . •: : • • ' . __ • _ . _ •__ C
Administrator,or his or her designee,to the Court and if the Court finds after a hearing
that the habitual offender did not violate the City Code, then said sums shall be refunded
to the habitual offender's bond fund. The Court may stay the action of the Director CY
Administrator,or his or her designee,for up to 45 days.
D. The Court shall not suspend imposition of sentence nor suspend execution of sentence for any
person found guilty of a code violation identified in subsection 2 this section and found by the
court to be a habitual offender of a second or subsequent conviction.
(Ord. 14133, §1, 12-4-2006; Ord. 14336, §1,4-7-2008)
Section 2. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: k#Eeh I ,j ()!'1 Approved: -)/14a/ix...-A. (q� / ct
OVIA,U),
40
Presiding Officer Mayor Carrie Tergin
ATTEST: APPROVED AS TO FORM:
`-'lekin,/,(470/4141,44-- 4000.
City Clerk y Counselor