§ 13-4. Abatement of nuisances in non-emergency cases.

(a)

Procedure. Upon discovery of a public nuisance that does not pose an immediate danger to the public health, welfare or safety, the building inspector, health inspector or representative designated by the city shall prepare a written report including photographs and findings and serve notice; however, such notice shall not be required as a prerequisite for prosecution of an ordinance violation under section 13-2.

(b)

Notice. The building inspector, health inspector or representative designated by the city administrator shall determine all individuals, firms or corporations who, from the records in the county assessor's office appear to be the titled owners of the aforesaid property and immediately cause a written notice to be served on each such individual, firm or corporation by personal service or by one of the following methods:

(1)

Leaving a copy of the notice at the usual place of residence or business of such owner, or address of such owner shown in the recorder's records; or

(2)

Mailing a copy to such owner at such place or address by United States Mail, return receipt requested.

If service of such written notice is unable to be perfected by any of the methods described above, the building inspector, health inspector or representative designated by the city administrator shall direct the city clerk to cause a copy of the aforesaid notice to be published in a newspaper of general circulation in the city, once a week for two (2) consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the individual, if any, in possession of such property on which it is alleged such public nuisance exists or if there is no individual in possession thereof, the building inspector shall cause a copy of the notice to be posted at such structure, location or premises. The building inspector, health inspector or representative designated by the city administrator shall also determine from the county assessor's office the lienholder of the property, if any, and cause a written notice to be served on such lienholder by United States Certified Mail, return receipt requested.

(c)

Notice contents. The aforesaid notice to the owners, and a lienholder, if any, of the property shall state clearly and concisely:

(1)

The street address or legal description of the property;

(2)

A description of the condition or conditions alleged to constitute a public nuisance.

(3)

That a hearing may be requested, before the building inspector, city administrator, or director of public works within fifteen (15) days after service of notice. Notice shall be deemed served as of the date of delivery as to personal service, the date of receipt of certified mail, which is not refused, or five (5) days after the date of mailing as to certified mail, return receipt requested which was refused by the owner, or date of last publication as to service by publication.

(4)

That in the event no hearing is requested by the owner as provided for herein, that the City of Boonville may take immediate steps to abate the nuisance and that the costs of abatement will result in a tax bill and lien upon the property.

(d)

Hearing. Any person served with notice under section 13-3 who requests a hearing shall within ten (10) days of such request receive written notice of the time and place of hearing. The hearing shall take place within ten (10) days of the date of the written notice sent to the person. The hearing to be conducted by the city administrator or director of public works, serving as the hearing officer, depending upon their schedule and availability. The hearing shall be conducted in the manner set forth in RSMo 536.070. The hearing officer shall have those powers to punish contempt to set forth in RSMo 536.095. The hearing officer may sustain, modify or order withdrawn any order or notice subject to the hearing. The decision of the hearing officer shall be made in writing in conformity with RSMo 536.090. Any party aggrieved by the decision of the hearing officer may appeal to a court of competent jurisdiction as set forth in RSMo 536.100 and 536.110.

(e)

Abatement by city. If no hearing is requested or after hearing in compliance with this chapter, and a finding by the hearing officer that a public nuisance does exist, the building inspector, health inspector or representative designated by the city administrator shall have the authority to enter upon the property and abate the public nuisance found thereon. In abating such nuisance, the building inspector, health inspector or representative designated by the city administrator may go to whatever extent may be necessary to complete the abatement of the public nuisance. If it is practicable to salvage a material derived in the aforesaid abatement, the building inspector, health inspector or representative designated by the city administrator may sell the salvage material at private or public sale and shall keep an accounting of the proceeds thereof which shall be applied to the costs of abatement.

(f)

Statement of costs. The building inspector, health inspector or representative designated by the city administrator shall, after completing the removal or abatement, file a statement of costs with the city clerk and deposit any funds from the sale of salvage materials with the city clerk which shall be deducted from the cost of abatement. The city clerk shall certify costs and assign costs to the annual real estate tax bill for the property.

(Ord. No. 3800, § 1, 7-2-01; Ord. No. 4362, § 1(Exh. A), 2-17-15)