HomeMy Public PortalAboutORD14347 BILL NO. 2007-176
SPONSORED BY COUNCILWOMAN Layton
ORDINANCE NO. 1*3`C -1
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AMENDING CHAPTER 21
(NUISANCES), CHAPTER 8 (BUILDING AND REGULATIONS), AND CHAPTER 22
(PARKING,STOPPING AND STANDING)OF THE CODE PERTAINING TO NUISANCES.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Chapter 21 (Nuisances), Article 1 (Generally) of the Code of the City
of Jefferson, Missouri, is hereby amended as follows:
ARTICLE I.GENERALLY
Sec.21-1.Definitions.
Bail dine-Realations$SunervisorfWh n u edher n,'themterm�ine=regulations`"suner�o?.shall
�rneam theDirectur�of�.CommiimtY Develoament:or�his de`si�nee.
• Director: When used herein the term"Director"shall mean the Director of the Department of Community
Development or his designee.
Junked Motor Vehicle:For the purposes of this chapter,the term"junked motor vehicle"or"junked
vehicle"is defined as
(a) an motor vehicle left unattended at the same lace on an roadway in the city for
Y P Y Y h'
a period of time in excess of seventy-two(72)consecutive hours,or
(b) any vehicle which is parked within the city in violation of section 22-30, as
amended from time to time, of the City Code (Leaving wrecked, junked, etc.,
vehicle standing on private property).
Nuisance:For the purposes of this chapter,the word"nuisance"is hereby defined,when not otherwise defined,
as an unlawful act,or omitting to perform a duty,or suffering or permitting any condition or thing to be or exist,which
act,omission,condition or thing either:
A. Injures or endangers the comfort,repose,health or safety of others;or
B. Offends decency;or
C. Is offensive to the senses;or
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• 2007-176/Page 1
D. Unlawfully interferes with,obstructs or tends to obstruct or renders dangerous for passage any public
or private street,highway,sidewalk,stream,ditch or drainage;or
• E. In any way renders other persons insecure in life or the use of property;or
F. Essentially interferes with the comfortable enjoyment of life and property,or tends to depreciate the
value of the property of others.
G. Any property which is in violation of the Property Maintenance Code of the City (Section 8-49
through 8-50).
(Code 1977, § 24-1;Ord. 14132, §1, 12-4-2006)
Sec.21-2.Illustrative enumeration.
The maintaining, using,placing, depositing, leaving or permitting to be or remain on any public or private
property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance;
provided,however,this enumeration shall not be deemed or construed to be conclusive,limiting or restrictive:
A. Noxious weeds and other rank vegetation over twelve(12)inches in height.
B. Accumulation of rubbish,trash,refuse,junk and other abandoned materials,metals,lumber or other
things.
C. Any condition which provides harborage for rats,mice,snakes and other vermin.
• D. Any building or other structure which is in such a dilapidated condition that it is unfit for human
habitation,or kept in such an unsanitary condition that it is a menace to the health of people residing
in the vicinity thereof,or presents a more than ordinarily dangerous fire hazard in the vicinity where
it is located.
E. All unnecessary or unauthorized noises and annoying vibrations,including animal noises.
F. All disagreeable or obnoxious odors and stenches,as well as the conditions,substances or other causes
which give rise to the emission or generation of such odors and stenches.
G. The carcasses of animals or fowl not disposed of within a reasonable time after death.
H. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead
animals,creamery,industrial wastes,or other substances.
i
1. Any building,structure or other place or location where any activity which is in violation of local,state
or federal law is conducted,performed or maintained.
I
J. Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.
K. Dense smoke,noxious fumes,gas,soot,dust or cinders,in unreasonable quantities.
L. Dead trees and dead limbs of trees so located that the falling thereof would endanger the safety of
persons using any public sidewalks in the city,or endanger the safety of any pedestrian or occupant
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• 2007-176/Page 2
of any motor vehicle traveling upon any public street.
• M. Tree limbs and branches which overhang any public sidewalk or public street of such height above the
sidewalk or street as shall impede and interfere with the use of said sidewalk by any person,or impede
and interfere with the use of said street by a pedestrian or the operator of any motor vehicle,or shall
endanger the safety of any person using any public sidewalk,or endanger the safety of any pedestrian
or occupant of any motor vehicle traveling upon any public street.
N. Junked Motor Vehicles.
(Code 1977, §§24-1,24-3;Ord. 14143, §1, 1-2-2007)
Sec.21-3.Prohibited.
It shall be unlawful for any person to cause,permit,maintain or allow the creation or maintenance of a nuisance.
Sec.21-4.Inspections.
Subject to constitutional limitations,authorized agents of the city are hereby authorized to enter into or upon
any premises where there is a reason to suspect the existence of any nuisance.
(Code 1977, § 24-4)
•
Sec.21-5.Notice to abate.
Whenever a nuisance is found to exist within the city or within the city's extraterritorial jurisdiction, a duly
designated officer or employee of the city shall give written notice,in accordance with Section 21-6, to the owner or
occupant of the property upon which such nuisance exists or upon the person causing or maintaining the nuisance.
(Code 1977, § 24-5;Ord. 13605, §1,9-2-2003)
i
Sec.21-6.Contents of notice.
-A. All notices to abate a nuisance issued under the
provisions of this article shall contain the date of the notice and each of the following:
+A. A full description of what constitutes the nuisance,and the location of the nuisance, if the same is
stationary.
-213. A statement of acts necessary to abate the nuisance.
3C. An order to remove the nuisance,a notice of procedures to request a hearing,and a reasonable time
either to remove the nuisance or request a hearing.
4D. A statement of notice that if the nuisance is not abated as directed and no request for hearing is made
within the prescribed time,the city will abate such nuisance and assess the costs thereof against such
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• 2007-176/Page 3
person as outlined in Sections 21-8 and 21-9.
E. If the nuisance involves any building or structure the notice shall also include an order that the
buildine or structure to be vacated if such be the case, reconditioned, or removed,giving a
reasonable time for commencement of the work,and requiring the work to proceed continuously
without unnecessary delay
F. If the nuisance is a Junked Motor Vehicle then the Notice shall also include a description of the
vehicle in question,a statement that the vehicle has been found to be a junked motor vehicle,a
declaration that if the owner fails to abate the nuisance within ten(10)days,the City will abate
the nuisance at the owner's expense and a statement that the City may abate the nuisance by
towing the vehicle or otherwise.
1} Whei e abstement of a rittisart demolition of a building m stmetme,
1123intertmice o a building v, shm' . maintairt tire henith,safety 0. m effia,of tile.esidents of the
city,mid inadequate action has beert t�mrt to te-riedy dw situation aport pmvioas notice sei OL sti t2chne as shomn by the imidrecords of the cotmt� eco.de.of deed.,shall be made pm ties to ---,
allowing at icast tert(16)day.%mittert notice. Titenotice shaff irtelade the d2tte,time mid pletee of die
item ifir.
.
evidence.and considered by the heming office. if it is the mt of evidence v. Mrich tesportsible pemorts me
givert by die hem ing,
officer.6.
> afte. die heming, competent mid substmttim! evidence shm's die btfiHing 0, stitletule to be 2t
,fiall issue my mde. irmidng specific findings of fact which simms die building ot stmetme to be-a
building o. stiachre to be iepaited a. denwhaimd and ICLTTO,ed. if die evidertee peseirted does not
.
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2007-176/Page 4
Sec.21-7.Service of Notice.
The notice to abate a nuisance shail be se.ved as wiy othe� iegal poeeaa may be SeL ved ptnat?wtt tu ht".
Notice to abate a nuisance shall be served on all Owners.
A. For purposes of this Chapter,Owner shall be determined to be:
1. The owner,occupant,lessee,morteaeee,agent and all other persons having an interest in the
building,structure or property where the nuisance is located,as shown by the land records of
the recorder of deeds for the appropriate county that such building,structure or property has
been found to be a public nuisance
2. If the nuisance is a Junked Motor Vehicle, the owner of the vehicle shall also include the
person(s) registered with the Missouri Department of Revenue as the owner(s), unless the
Director has knowledee of some other person who is claimed to be the owner,in which case such
putative owner shall be eiven notice as provided above in addition to the registered owner.
B. Service may be accomplished by any of the following
1. By postine Notice in a conspicuous place on the property upon which the Nuisance is located
and mailine Notice to the Owner. If the nuisance concerns a violation of Chapter 8 of the Code
of the City of Jefferson,the mailed notice shall be certified,return receipt requested, or
2. If the nuisance concerns a junked motor vehicle then by postine notice in a conspicuous place
on the automobile and mailine Notice to all owners as recorded in Dept of Revenue:or
3. If the address of the owner shall not be known,the service of notice shall be by postine and
by publication. The publication shall contain the full text of the notice and shall be published
at least once a week for three consecutive weeks on the same day of the week in some newspaper
of eeneral circulation published in the appropriate county,and the time specified in the notice
for a hearine to be held,or for the commencement of work or for any other thine to be done shall
• be at least thirty(30)days from the date of the first publication of notice.
4. By any other legal process pursuant to law.
(Code 1977, § 24-5;Ord. 13605, §1,9-2-2003).
Sec.21-8. Request for Hearine.
A. Right to Request a Hearing: If an owner or person receiving Notice of the determination of public
nuisance does not agree with said determination,they may request a hearine within 10 days of the date of the
notice. The request must be in writing and must be received by the Director within 10 days of the date of the
Notice. The Director may at his sole discretion,extend the time for filing the Request.
B. EormlofoRe a e t=The e"uestfor shearing shall lie oMna forinmulgated:bv theDirector.or,sfi'"'1
111 W:i I ntII r O RD G
Wumb r,(if anv a t mVt tha th"ev reaueahe rn eerm n 1of az sal aind the l atfon o
the
nuisance.
CDir frt:.2' t p e . r"" I>is d oritirtl' tr a r1n
scheduled a11!J geed into,the=Noi3ce`to tlieo�v ler without receiataof a wrltten:reauesf::F , her the`rllrecter
cance tl eehe rin if a' elv regiiesttfo7a tiearin is.not receiv ltii n the°�allott tl==time,.lrnvl ed that tl e
otice.sei--ved;on the.owner,.cont nsilan a tail Hearn `wilt`=be:cancelled andtheri�h iota RearinERaive
ifa.tlmelvlrepu��ls�no�rece�ved bv�the Director.
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2007-176/Page 5
. Waive o of Regues" Tf'a er woes It swot r9ne eve"i th n 1U daVif]r',rikhti toga fiewi in 4h beideemed
to_be waived, Nothing in this�sectio hat preclude,ithe-Dir,*M Mfr mSiiolding l earin7iffTth``TD ector'deems
TO same)necessary
e' Re est+s eivIf th Dire' orb"ec ere a`st for he r;n" �'t"''th e` tiro
F. Hearing Required without Request,when: Where abatement of a nuisance may require demolition
of a building or structure,or mandatory repair and maintenance of a buildine or structure,in order to maintain
the health,safety or welfare of the residents of the city, and inadequate action has been taken to remedy the
situation a full and adequate hearing shall be called and conducted regardless of whether the owner of the
property has requested a hearing.
Sec.21-9.Hearing Procedure
If a Hearing is called by the Director,the following procedure shall be followed:
A. The Director shall appoint a Hearing Examiner to conduct the hearing,consider the evidence and
issue an order in accordance with the procedures of this Chapter. The Director may appoint himself/herself to
serve as Hearing Examiner.
B. The person or person requesting a hearing shall have an opportunity to be heard,and shall be served
notice of the hearing(personally or by mail:if those methods fail,service may be had by publication)allowing
at least ten(10)days written notice. The notice shall include the date,time and place of the hearing.
C. Any party may be represented by counsel and have the right to present evidence.
D In the event that any or all of the parties fail to appear at the hearing,the evidence of the existence
of facts which constitute grounds alleged in the Notice shall be considered unrebutted.
• E. The technical rules of evidence shall not apply in the hearing. Any relevant evidence may be admitted
and considered by the hearing officer if it is the sort of evidence of which responsible persons are accustomed to
rely in the conduct of serious affairs. Objections to evidence shall be noted and a ruling given by the hearing
examiner.
G. All testimony shall be under oath, which may be administered by the hearing Examiner and a
recording shall be made by the City or a written record of the hearing may be made by a reporter to be employed
by the City,the cost of which shall be paid by the City should the proceeding be eventually held against the City
and by the owner if it should not. In the latter case the cost of such reporting shall be a lien upon the lot,tract,
or parcel of land upon which the building or structure stands,and shall be added to the cost of performance for
demolition or repair in the event the City shall be required to do so,and payable as provided for such costs.
by anv oueninreinaikstlweowneThte rCity will lien be allowed onreserit# s�euiden eWr£ness sc�ell d
by the City will be directly examined:with an opportunity"":for the ownner;to cross-examine: followed,by an
opportunityforthe�City"uto reed cOncetleCitvscaseiseiresented: eiO v terw ll lave an opoo tuna ty fo
WiRthaMe
a'n�opportuni�for�rebutitifiit�soch oses. F3�Il�`tleCi v�andlthe nro�ert�o nell�ha a an`�uorh nfi
to make closing remarks7in that respective order
Sec.21-10.Findings of Hearing Examiner following hearing.
Within thirty (30) days from the date of the hearing, the Hearing Examiner shall, upon the basis of
competent and substantial evidence offered at the hearing, make a conclusion of law as to whether or not a
nuisance exists under the terms of this article. If the nuisance is found to exist then the Hearing Examiner shall
make a findine as to whether the procedures required by this chapter have been substantially met and complied
• Drafter's Note: Deleted text is shown thews. Inserted text is shown thus. Substantive changes are shown i_hus
2007-176/Page 6
with and whether or not the abatement order of the building regulations supervisor to abate the nuisance was
reasonable in its terms and conditions and within the standards of this
pialce a finding as�t �the p roorate'a: at e n t�for the iuin s e ar► e a=re ticlre�a.n ionra�der�ie n t reuacr bnn�tha e`�m'nsear nce al
to
1 ieb If it is found that the nuisance is detrimental to the health,safety
and welfare of the residents of the City.that finding shall be specifically stated in the Findings of Fact. If the
Hearing Examiner finds that the nuisance does not exist or that the procedures of this article have not been
substantially met and complied with,the proceedings against the building or structure shall be dismissed.
If the nuisance involves a iunked motor vehicle,the Hearing Examiner shall determine whether or not
the vehicle is a iunked motor vehicle and whether the director is entitled to abate the nuisance. The hearing office
shall not have authority to determine the validity of a narking citation. If the Hearing Officer determines that
the vehicle is not a junked motor vehicle,the decision of the Director shall be withdrawn and the Director shall
be prohibited from again determining that the vehicle is a iunked motor vehicle for thirty(30)days.
Sec.N-9 21-11.Abatement by city.
A Abatement Generally.
Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of
this article to abate the same,a duly designated agent or employee of the city shall proceed to abate such nuisance and
shall prepare a statement of costs incurred in the abatement thereof.
(Code 1977,§ 24-8)
B. Sec. .Abatement methods
Where the a City official is obliged to abate a violation of the Property Maintenance Code(section 8-49),and
• such abatement requires the painting of the structure or parts thereof,then the City official shall cause the painting thereof
to be in a color or colors most similar to the colors last used to paint the structure,even if use of such colors is not the
least expensive means of abating the nuisance.
(Ord. 14132, §2, 12-4-2006)
C. Abatement of Violations of the Dangerous Building Regulations.
1. Where the a City official is obliged to abate a violation of the Dangerous Building Regulations
(Chanter 8. Article VI ), the Hearing Examiner may issue an order directing the building or structure to be
completed,repaired, or demolished and vacated as the case may be,within the standards of Chanter 8. This
order, together with the findings of fact and conclusions of law, shall be in writing and shall be immediately
delivered or mailed to each party to the hearing or to his attorney of record. The order shall state a reasonable
time which shall not be less than thirty(30)days from the date of issuance within which to comply with the order,
and shall further provide that if it is not complied with within such time,the Director of Community Development
shall cause the work to be done by the city and its own crews or by contractors employed by the city for that
purpose.
2. If there shall be no contractor employed by the city for that purpose,the city administrator is hereby
authorized to enter into contracts not to exceed Tw ollar,VSZ5000�00)with persons engaged
in the business of repairing or demolishing buildings for the purpose of enforcing the order provided for in this
section if there are sufficient funds provided for that ur ose in the budget or a suirmlemental annropriatio n.
Additional contracts,or contracts for amounts in excess of we�utyFiy `Thonsand°:D`ollar($ZS UUi1 ,must be
approved by Council. The contracts can be signed only after compliance with the city's prescribed bidding
procedures.
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D. Abatement of Junked Motor Vehicles.
• Where the a City official is obliged to abate a junked motor vehicle,it may,in addition to any other
remedy available to it,have the vehicle towed. The Hearing Officer may eive the owner additional time to abate
the nuisance voluntarily,not to exceed an additional 10 days.
Sec.li-9 21-12.Costs of abatement to be assessed.
A. Any and all costs incurred by the city in the abatement of a nuisance under the provisions of this article
shall be certified to the city clerk or officer in charge of finance,who shall cause a special tax bill or assessment therefor
against the property be prepared and collected by the official responsible for collecting personal property taxes. The
special tax bill or assessment shall be notice to all persons from the time of its recording,and shall bear interest at the
legal rate thereafter until satisfied.
B. In addition to any charges for the actual abatement of the nuisance,and as part of the charges assessed in
paragraph A.,above,the city clerk or officer in charge of finance,shall impose a fee to cover the city's administrative
costs for abating the nuisance. The council determines this cost to be One Hundred and no/100($100.00)based upon
the average administrative cost for abating nuisances,in lieu of an independent determination of costs in each case.
C. At the written request of the taxpayer delivered to the city clerk of the city,a tax bill for repair or
demolition of a building or structure may be paid in ten(10)equal annual installments,which installments with
interest thereon to date on the unpaid balance shall be due annually on the anniversary of the date of issuance
of the bill. Interest shall be paid at the maximum rate per annum allowable by law on the unpaid balance of the
special assessment computed from the date of issuance. If any annual payment of Principal or interest shall not
be paid within thirty (30) days of its due date the entire remainine balance of the tax bill shall immediately
• become due and payable.
Sec.21-13 Enforcement of tax bills.
A. Tax bills issued under the chapter shall be prima facie evidence of the validity of the bill,the doine
of the work and the liability of the property for the damages stated in the bill and shall be collected if default
should occur by suit brought in a court of competent jurisdiction by the city counselor on behalf of the city.
Judement in any such suit shall be special and against the property only and shall be satisfied by sale of the
property or so much thereof as is necessary to satisfy the judgment and the costs of the sale.
B. If there are proceeds of any insurance policy based upon a covered claim payment made for damaee
or loss to a buildine or other structure caused by or arisine out of any fire,explosion,or other casualty loss,and
if the covered claim payment is in excess of fifty percent(50%)of the face value of the policy covering a building
or other structure,then the following procedure shall apply:
1. The insurer shall withhold from the covered claim payment ten percent(10%)of the
covered claim payment,and shall aav that amount to the city to deposit into an interest-
bearine account. Any named morteaeee on the insurance policy shall maintain priority
over any obligation under this section. If a special tax bill or assessment is issued by the
city for the expenses of demolition of such buildine as a dangerous building,the moneys
held by the city shall be applied toward payment of special tax bill or assessment. If
there is any excess, it shall be paid by the city to the insured or as the terms of the
policy,including any endorsements thereto,provide.
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• 2007-176/Page 8
2. The city shall release the proceeds and any interest which has accrued on such proceeds
• received under subsection(1)of this section to the insured or as the terms of the policy
and endorsements thereto provide within thirty (30) days after receipt of such
insurance moneys,unless,the city has instituted leeal proceedings under the provisions
of Sections 8-88 and 8-89. If the city has proceeded under the provisions of Sections 8-
88 and 8-89, all moneys in excess of that necessary to comply with the provisions of
Sections 8-88 and 8-89 for the removal of the building or structure,less salvage value,
shall be paid to the insured.
3. The city may certify that,in lieu of pavment of all or part of the covered claim payment
under this section,it has obtained satisfactory proof that the insured has or will remove
debris and repair, rebuild or otherwise make the premises safe and secure. In this
event,the city shall issue a certificate within thirty(30)days after receipt of proof to
permit covered claim payment to the insured without deduction. It shall be the
oblieation of the insured or other person makine the claim to provide the insurance
company with the written certificate provided for in this subsection.
4. No provision of this section shall be construed to make the city a party to any insurance
contract.
Sec.21-14.Appeals under administrative review act.
A_ny owner,occupant,lessee,mortgagee,agent or other person having a property interest in the nuisance
property may appeal from the order and determination of the Hearing Examiner made under the provisions of
this Chapter. The appeal shall be to the Circuit Court of Cole County as established in Article 536 of the Revised
• Statutes of Missouri.
Sec.21-15.Summary abatement where immediate danger exists.
In all cases where it reasonably appears that an immediate danger to the health,safety or welfare of any
person exists,the Director of Community Development may take emergency measures to vacate,repair,remove
or demolish fih6hpubhc nail ncef and under:the rovis�nspf ttuicieincuiXingbut.not Iunit`edobuill
or ism
uc`�RUFFs.
Sec.21-1A 21-16.Municipal judge may direct abatement and assess costs.
If,upon trial and conviction for causing or maintaining any nuisance defined and prohibited by this Code and
other ordinances of this city,it shall appear that the nuisance complained of continues to exist,the municipal judge may,
in addition to the penalty imposed for causing or maintaining such nuisance,make an order directing the chief of police
to abate the nuisance forthwith and report the expense thereof to the police judge,who may make such cost a part of the
judgment in addition to the fine imposed. Such costs shall be collected in the same manner as other fines and penalties.
(Code 1977, §24-7)
• Drafter's Note: Deleted text is shown Otm. Inserted text is shown thus. Substantive changes are shown thus
2007-176/Page 9
Sec.H-H 21-17.Provisions supplemental.
The provisions of this article shall be supplemental to all other ordinances.
Section 2. Chapter 8(Buildings and Building Regulations),Article VI, (Dangerous
Buildings Regulations) of the Code of the City of Jefferson, Missouri, is hereby amended
as follows:
Sec.8-80.Dangerous Building Code.
The provisions contained in this article may be referred to as the"Dangerous Buildings Code of the City of
Jefferson,Missouri"and may be so cited.
State law reference-Dangerous buildings ordinances,RSMO. § 67.400 et seq.
Sec.8-81.Conditions of buildings or structures constituting public nuisance.
A. Those whose interior walls or other vertical structural members list,lean or buckle to such an extent
that a plumb line passing through the center of gravity of any such wall or vertical structural members falls outside of
the middle third of its base.
B. Those which, exclusive of the foundation, show thirty three percent (33%) or more, of damage or
deterioration of the supporting member or members, of fifty percent (50%) of damage or deterioration of the non-
supporting enclosing or outside walls or covering.
• C. Those which have improperly distributed loads upon the floors,roofs,or other horizontal structural
members,or in which the same are overloaded,or which have insufficient strength or deflections to be reasonably safe
for the purpose used or intended to be used.
D. Those which have been damaged by fire,wind or other causes so as to have become dangerous to life,
safety,or the general health and welfare of the occupants or the people of the City.
E. Those which are uninhabited and are open at door,window,wall or roof.
F. Those under construction upon which no substantial work shall have been performed for ninety(90)
days immediately next to the time that a notice shall issue under Section 8-84 of this article for the completion or
demolition thereof.
G. Those in the process of demolition upon which no substantial work shall have been performed for a
period of fourteen(14)days immediately following the time a notice shall issue to complete the demolition thereof under
Section 8-84 of this article.
H. Those containing therein substantial accumulations of trash,garbage or other materials susceptible to
fire, or constituting or proving a harboring place for vermin or other obnoxious animals or insects of in any way
threatening the health of the occupants thereof or the health of persons in the vicinity thereof.
I. Those having inadequate facilities for egress in case of fire or panic.
J. Those which have parts thereof which are so attached or deteriorated that they may fall upon public
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• 2007-176/Page 10
ways or upon the property of others or may injure members of the public or the occupants thereof.
• K. Those buildings built in violation of any safety provision of the building code, electrical code,
plumbing code,mechanical code,minimum housing standards code,or the fire prevention code of the city,or used in
violation thereof.
Sec.8-82.Standards for determining action required to alleviate public nuisance.
The following standards shall be followed in substance by the building regulations supervisor and the Director
of Community Development in ordering repair,vacation or demolition:
A. If the dangerous building can reasonably be repaired or maintained so that it will no longer exist in
violation of the terms of this article,it shall be ordered so repaired or maintained.
B. If the dangerous building is in such condition as to make it dangerous to the health,safety,or welfare
of its occupants,it shall be ordered to be vacated pending abatement of the nuisance.
C. In any case where the dangerous building cannot be reasonably repaired or maintained so that the
building or structure will no longer exist in violation of the terns of this article,the building or structure shall be ordered
repaired or demolished.
i
D. In any case where the conditions constituting the public nuisance are such that the costs to repair or
maintain the building or structure so that it will no longer constitute a public nuisance equal or exceed fifty percent(50%)
of the value of the building or structure,it shall be ordered repaired or demolished,and in the event it is not repaired or
demolished by the owner,then the city shall abate the nuisance by demolition.
E. Any building or structure constituting a public nuisance because of the conditions described in sub-
section (f) of Section 8-81 of this article shall be ordered to be completed in accordance with lawful plans and
specifications,and if it shall not be so completed or demolished by the owner,then the city shall abate the nuisance by
demolition.
F. Any building or structure found to be a public nuisance because of the conditions described in sub-
paragraph(g)of section 8-81 of this article shall be ordered demolished.
Sec.8-83.Duties of the Building Regulations Supervisor.
The buildings regulations supervisor shall:
A. Inspect or cause to be inspected annually all public buildings,schools,halls,churches,theaters,hotels,
tenements,commercial,manufacturing,or loft buildings for the purpose of determining whether any conditions exist as
set forth in Section 8-81 of this article.
B. Inspect any building or structure about which complaints are filed by any person alleging that the
building or structure contains any of the conditions described in Section 8-81 of this article.
C. Inspect any building or structure reported by the fire or police departments of this city when that
department has reason to believe that the building or structure has any of the conditions set forth in Section 8-81 of this
article.
D. Inspect any building or structure of the city at any time whenever there is reason to believe that the
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• 2007-176/Page 11
building or structure has a condition described in Section 8-81 of this article.
• E. Determine in any case where inspection shows that a building or structure has any of the conditions
referred to in Section 8-81 of this article,whether or not it reasonably appears there is immediate danger to the health,
safety or welfare of any person because of such condition,and if it does so reasonably appear,to immediately notify the
Director of Community Development thereof. Should the Director of Community Development concur in the finding
of the building regulations supervisor that there is immediate danger as aforesaid, the building regulations supervisor
shall immediately post upon the building or structure a notice reading as follows:
"This building has been found to be a public nuisance by the Director of Community Development of
the City of Jefferson. It also reasonably appears that this building or structure is an immediate danger
to the health, safety or welfare of persons thereabout or therein. This notice is to remain on this
building or structure until it is brought into compliance with the Dangerous Building Code of the City
of Jefferson,Missouri. It is unlawful to remove this notice until such compliance has occurred."
Nothing contained in this sub-section shall be construed to deprive any person entitled thereto by this article
of the notice and hearings prescribed herein.
F. Report to the Director of Community Development any non-compliance with the notice provided for
in this article.
Sec.8-84.Notice of public nuisance.
Whenever the building regulations supervisor has determined that any building or structure is a public nuisance
he shall render Notice as provided in Chapter 21 Article I. ,
• ,
ot sti neta,e has been found to be a public nuismice tuide, die v,v v isions of this articie. Tite LTOtiCC afiftil Set f0i tit a
desetiption of tile Conditions found in the btfildilT Of afttlft2le SO 2t. to constittite die builditT o. stlactme a.2t pubfic
Sec.8-85.Service of Notice,How. i�-t�
�i
Service of the Notice of Public Nuisance shall be issued as provided in 21 Article I.�hqTette v et wide. this
lessee,upon die ovvirei,occapant,asshown by die!mid teco, .of--c—de.—— dle OPP10FIiate cotmty,mid shall be signed by die pemon who
113S tile I e I .. ...,, . . miethenotice. The notice shall beset ved,if tire pw ty oi pm ties to be se.ved ieside in the citrl
..petson to be se,%led by miyo=competent to be a witnes.o,by leaving thenotice at the t2s.
,Aace ofabode of the otw to be seived with a ineinbe,of die hot2selroid ovet the age of fifteen(i5)yews. fftfieven,
to be se.ved shail nottmide in the city oi shali have absented himselffiont die city ot coneenled hinneifso thatpersor
3 COPY Of�� h LL-ti. jus place on the building ?m i I t
.,v,stiticture to which ittelettes mid by eettified. i, em.
pablicatiort shall contain fl.e fail text of die notice wid sirailbe pubfished at least once a week fe,thlee emrsectitivewee
inuitr
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• 2007-176/Page 12
specified in die notice fox a heetring to be held,m fe. the commerreenTent ofxvik c, fo, mry offie. thing
to be done shaff
be at!Mt thilty (36)days fioni die date of die ffist pubfication Of notice.
•
Sec.8-86.Notice Disobeyed;Hearing Required.
If the Nuisance is not abated then there shall be a hearing as grovided in Chapter 21 Article I. 'Mherreve,
thete Shali be a f�iltn e to obey anotice to abate a pabliennisance issued as pt o v ided in Section B-84 by not conTlitencittg
without tumecessmy delay,tire Bitect.oFE3onriyunity Beveloprivent shall eall wrd have 2t H!mid adequate heming Up=
the Mattei siving, all affeeted parties at lC83t twenty-one (21) days' wtittmi notice of die heming. 7" pwty nl2ty
,
,
am,itten,ecoid of the item ing shall be made by a,epti,te, to be empioyed by die eity, die cast of Afielt Shalf be paid
by the eity shouid die vtoeeedhT be e ventuaily held against the eity mid by the owne. ifit should not. fn the latte.Case
•
Sec.8-87.Findings of Director of Community Development following hearing.
Findings of Fact shall be made as provided in Chapter 21 Article 1. Witifin tifirty(36)days fiont the date
ofthe hen.ft t eqtfi,ed by Seetion 8-86,the Ehi eetm ,fe..Tuntutity Bevelopment shail,apon the basis ofevulpetellt 311d
iesident.of the eity, specifically finding,as 2t imete. of fact the condition ot conditions of atich bailding o. stmetare
made as to whedtei v, not the piocedaies m4ahed by tifis wticle have been substwitinify rizet mid complied wiflz,mid
if the f3hecto, of eonimanity Bevelopinent finds fliat a public infisance does not exiat ot that the p.0cedazes of this
wtiele have not been stibatwitially met w.d complied witit, tire pmeeedings against die building m stiactme sliffl!
dianfined.
Sec.8-88.Order of repair or demolition.
Any order of repair or demolition pursuant to a finding of public nuisance shall be issued as provided
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• 2007-176/Page 13
I
in Chapter 21 Article I.
A. ff a pocceding is not dismissed fbilming the findings mquired by Section 8-F, die Bitecto. o
2Md MeRted 38 tile CaSe May be, within the atwidwds of dris article. This ordet, togetfiet witit the finditTs of fitet mid
corteffisicyna of jax ejtrjj 4 1 1 V. - A 8�,shall be�i mititm wrd shall be irrvrtediatel� delivered o. atailed tv each
Party to die hemillr,01 to his Vetoilley Of record. in addition,copies ofthe mde. mid findings off�et and conclusions Of
181X hali be Footed in 2t conspictivas Fizt%,e ill tile Office Offfie Direet".of CEOnuntinity Be!''elopuleut fbi 2t Fe.iod of drif ty
(36)days fion.—d——M . 9FIle Ode, ,11"li St3te a IMM.MbIC O.".11M TH1.6i shali not be less thmi tifitty
(36) days fiv.11 tile d2tte Of i3atl=e Within Mlich to Comply With tile O.de" 31rd.122fli fiufllet pavide that if it is not
complied xidt lite ,,de,, mid sh2til finfliet F-ovide that if it is not complied with within such tinte, die Birectm of
B. ff there shall be 110 CO22ttaCtOl eniployed by Ric city fb. flint pmpose, Ri.eity is heteby
of tepaiting or deniolishing,buildings fb, tile ptupone OF enfoleirlg tile Ordel PIOVided fO. irl flTiO aelltiVrt if tile., Me
emi be signed ortly aftet compfim= with die eity's prescribed bidditT procedmes.(E).d.No. B621, ft 2-?-2666),
Sec.8-89.Tax bills for work; manner of payment.
Whenever the city shall have caused the work to be done as provided by this Chapter Section 8.88•,
the Director of Community Development shall certify the costs of the work to the city clerk who shall cause a special
tax bill therefor as provided in Chapter 21 Article I. mid fbi die cost of die epmtei at die heming which sinH i
likewise eettified by tite E)imeto. ofemrantrnity Bellelopinent,to be issued against the lot,tract m pmeel of!and apon
to be kept by frim fb. atich pailieses. The tax bili 311311 be evileeted by tire citycoffecto.ot athe.offieial coileeting,tax,
ficinthedatCOHMSURIMe. if ally R111m2d payineirt of p,incip2d or inte,eat shall not be p2tid witirin dr�ty(36)days of its
Beveluptneirt shall certify the Cost of die wuk to the city clek5 the twe bif!shal!be Fayabie in sixty (66)d2tys fiVin its
See.B-90.E.60.celstent Of tgtjL WHO.
Tax bilts intied wide, Section 8-89 shaff be V.inin f�cie e v idence of the ,andity of If=bill,die doing
shaft be specini and against the property ortiy and shali be satisfied by safe offlie property or so intich theteof2t. is
•
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2007-176/Page 14
to satisfy the j adgme.tt mrd die Costs of tire safC.—
iB. if time are proceeds of my firsaimme poficy based UP0113CUY�ledeittillip2tylit�,I!tLtmdv fo, damas,
m loss to a btfilditig ot othe, sti actme caused by ot arishig out of any fire,expiosim, ,. othe. castialty loss,alrd if tire
coveted ehti.ii paymetit is itt excess of fifty pezeetit(5696)of die fke vaitte of dre policy cove.ing a building m other
obligation mrdm this seetion. if 2t special tax bil!v. 2t33C3511TC12t iS issued by the city fbi !
2. The eity shall teleme tire pmeceds mid my interese which has nee,tted on Such 131meeds
mdoisements thereto provide withitt thhty(36)day.afte.teceiptofstieh fimumiee motieym,
89. if the city lifts poceeded mide, die pie visivits of Sectimis B-88 mid 8-89,all timmy.in
excess of that Lreeessmy to emiply midt Hie F-VV'-;i01T0 of Sectims B-88 atid B-89 fo. the
lepail, ebtfild ot offim wise make die pienfises anfe and seeme. fit this event, die city shalf
tificate witfri-i dri-ty (36) days afte. reveipt of poof to permit covered e
payment to the immed witim"t deduction. ft shaff be the obfigation of tire insured v, eflier
provided fo. in this sabseetivTr
4. No pmvisimr of this seetim shmil be emistitted to make the city a patty to
.
i
(Ord.No. 10280,§ 1,9-17-84)
may appeal fi em tire u,de, mid detemii.ratim of the Bit eetot of emmyranity Be v elopmetit made wider the p,v v iaiofts
die Revised Statates ofNfi
Rev,u w, 8--13°d6t�au�j 1► g 7 as
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• 2007-176/Page 15
Section 3. Chapter 22 (Parking. Sto{2ping and Standing), Article VIII (Junked
Motor Vehicles) of the Code of the City of Jefferson, Missouri, is hereby amended as
follows:
ARTICLE VIII. JUNKED MOTOR VEHICLES
Sec.22-250.Limitations.
Nothing in this article is intend to repeal or limit any other section of this Code. The remedies provided herein
are deemed to be in addition to any other remedies provided elsewhere in the code.
22-251.Nuisance.
Junked Motor Vehicles,as defined herein,are determined to be a nuisance.
22-252.Notice.
If the Director determines a vehicle to be a junked motor vehicle he or she shall provide notice as provided
in Chapter 21 Article I
is located(unless the vehicle is located on public property).
a. Notive shall be given+y-
case,die date dint the notice is given tv tire omiet(s)simil be comideted to be tm days aftet
the date ofninifing or flte date ofposting, which eve. oectus later
such putative owne. shali be given notice as piovided above 4.
owner-
'Five date of die Notim,
a-rmisance:
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• 2007-176/Page 16
• riuiaanc�
V A deelmation diat if die ownet fail.to abate the nuismice wit-Irin ten(16)days,the eity will
abate dIeIrt?i=Ce at dle V%Vftel�a=Fense. it should finthe. indiente drat die eity my abate
,
10' .
Sec.22-253.Appeal of the Decision of the Director,Hearing.
Any owner shall have the right to appeal the Decision of the Director as provided in Chanter 21 Article
I Lff my omm files a timely written tecitmat fo, it hearing,
Miail notify the pet son making the m4tiest of the date,time and place . No determination of facts made
at a hearine under this Article shall have any collateral estoppel effect on subsequent criminal prosecution and
shall not preclude litigation of those same facts in a subsequent criminal prosecution.
the statements of mitnes.es mid othe. evidence that the velficie does not meet the definition of an
is a junked moto, veiriele and Atethe. m -tot tire Biteetv, is entitled to abate the mismee.
aggrieved by a decision mety ffle a petition fo. judicial te of Compete...
jurisdictim.
nuismice shottid be abated, die Directo, may proceed to abate Hie jitlismice. :Re He
E)ffiee, nny give tire owne, additional tinte to abate tire imisance volmitmily,not to exce,
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• 2007-176/Page 17
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
° 2c+c�
Passed: `'/� �d® ;iv Of
esiding Officer
A EST: APPROVED A TO FORM:
oA.1"", ,
Ity Clerk City Counselor
Drafter's Note: Deleted text is shown Hms. Inserted text is shown thus. Substantive changes are shown thus
2007-176/Page 18