§ 13-5. Weeds and debris as public nuisance.

(a)

Weeds and debris defined. Weeds and debris shall include but is not necessarily limited to weed cuttings; cut, fallen or hazardous trees and shrubs; overgrown vegetation and noxious weeds which are seven (7) inches or more in height; rubbish and trash; lumber not piled or stacked twelve (12) inches off the ground; rocks or bricks; tin; steel; parts of derelict cars or trucks; broken furniture; any flammable material which may endanger public safety; or any material or condition which is unhealthy or unsafe and declared to be a public nuisance.

(b)

Health inspector.

(1)

There is hereby established the position of health inspector for enforcement of the weed, debris and public nuisance codes. The health inspector shall report to the city administrator.

(2)

The health inspector or representative designated by the city administrator shall perform the functions authorized in the City Code of General Ordinances, those functions designated for the code official in the International Code Council and the duties described in the health inspector job description.

(c)

Remedy No. 1 under RSMo 67.398.

(1)

Public nuisance declared on property that has no history of or infrequent weed and debris nuisance conditions. Any property within the city limits that has one or more conditions as defined under weeds or debris in subsection (a) above shall be in violation of the weeds and debris public nuisance ordinance.

(2)

Notice. The health inspector or designated representative shall provide written notice to the owner of the property where the weeds and debris public nuisance is found.

a.

How given:

1.

By personal service, receipt confirmed (Preferred method to have Boonville Police Officer perform service if time and manpower permits and property owner within the jurisdiction); or

2.

By certified mail to the last known address, return receipt requested; and

3.

If the personal service or certified mail delivery is unsuccessful within seven (7) days, post the property with the notice for seven (7) days.

b.

Contents of the notice:

1.

The property owner must begin within seven (7) days receipt of the notice or within the posting period and continue without unnecessary delay the abatement or removal of the nuisance condition.

2.

The nature of the nuisance.

3.

The property owner may request a hearing before the city administrator or designee. It is the responsibility of the property owner to contact the city administrator and schedule the hearing within seven (7) days of receipt of the notice or within the posting period unless the city administrator or designee is not available and under such circumstance, the hearing shall be scheduled with the city administrator or designee as soon as possible.

4.

In the event the owner does not request a hearing as provided for herein or begin abatement of the nuisance within seven (7) days of receipt of the notice or within the posting period and continue the abatement without unnecessary delay, the health inspector or designated representative may cause the condition(s) which constitutes the nuisance to be removed and the cost of such removal shall be certified to the city clerk who shall bill the property owner for the costs of such removal. If the property owner does not pay the costs within thirty (30) days, the city clerk shall cause the certified costs 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 costs 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 costs are 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 until paid.

(3)

Hearing scheduled if requested by property owner. The property owner may request a hearing before the city administrator or designee. It is the responsibility of the property owner to contact the city administrator and schedule the hearing within seven (7) days of receipt of the notice or within the posting period unless the city administrator or designee is not available and under such circumstance, the hearing shall be scheduled with the city administrator or designee as soon as possible.

(4)

Abatement of nuisance by property owner. If the property owner does not request a hearing, the property owner must begin within seven (7) days receipt of the notice or within the posting period and continue without unnecessary delay the abatement or removal of the nuisance condition.

(5)

Abatement of nuisance by city. If no hearing is requested by the property owner as provided in this section, or the hearing is conducted and the city administrator or designee finds that a public nuisance under this section does exist and should be abated, and the owner fails to begin within seven (7) days of receipt of the notice or within the posting period and/or fails to continue without unnecessary delay to abate or remove the nuisance, the health inspector or designated representative shall cause the condition(s) which constitutes the nuisance to be removed.

(6)

Costs to property owner or property. If the health inspector or designated representative causes such condition to be removed or abated, the costs of such removal shall be certified to the city clerk who shall bill the property owner for the costs of such removal. If the property owner does not pay the costs within thirty (30) days, the city clerk shall cause the certified costs to be included in a special tax bill or added to the annual real estate tax bill for the property, at the collecting official's option. The certified costs 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 costs are not paid, the tax bill shall be considered delinquent and the collection of delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of issuance shall be deemed a personal debt against the owner and shall also be lien on the property until paid.

(d)

Remedy No. 2 under RSMo 71.285.

(1)

Public nuisance declared on property that has historically documented and frequent weed and debris nuisance conditions. Any property within the city limits that has one or more conditions as defined under weeds or debris in subsection (a) above and has a history of frequent weed and debris nuisance conditions shall be in violation of the weeds and debris public nuisance ordinance and the notice, hearing, abatement and cost recovery provisions of RSMo 71.285.

(2)

Notice. The health inspector or designated representative official shall provide written notice to the owner of the property where the weeds and debris public nuisance is found.

a.

How given:

1.

By personal service, receipt confirmed (Preferred method to have city police officer perform service if time and manpower permits and property owner within the jurisdiction); or

2.

By certified mail to the last known address, return receipt requested; and

3.

If the personal service or certified mail is unsuccessful with confirmed service within ten (10) days, post the property with the notice for ten (10) days.

b.

Contents of the notice:

1.

The nature of the nuisance.

2.

The date of the hearing.

3.

The property owner or representative shall be encouraged to attend the hearing and begin abatement of the public nuisance.

4.

At the hearing the city administrator will hear evidence of the frequency of the public nuisance condition(s) on the property, the nature of the notice to the property owner, and evidence of the nuisance. The city administrator may declare the weeds and/or debris condition(s) a public nuisance and give the property owner five (5) days to abate the nuisance.

5.

If the condition(s) which constitutes the nuisance are not removed, the health inspector or designated representative may cause the removal and the cost of such removal shall be certified to the city clerk who shall bill the property owner for the costs of such removal. If the property owner does not pay the costs within thirty (30) days, the city clerk shall cause the certified costs 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 costs 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 costs are 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 until paid.

6.

Under this ordinance and remedy, the property owner will not be given further notice of a continued and repetitive public nuisance on this property prior to removal or abatement by the city.

(3)

Hearing. The city administrator or designee shall schedule a hearing with proper notice to the property owner. If the city administrator finds that proper notice has been served upon the property owner and a public nuisance does exist, the owner shall begin removal of the nuisance and continue without unnecessary delay to abate or remove the nuisance as ordered by the city administrator.

(4)

Abatement of nuisance by property owner. If the city administrator declares a public nuisance, the property owner must begin within five (5) days of the hearing and continue without unnecessary delay the abatement or removal of the nuisance condition.

(5)

Abatement of nuisance by city. If the owner fails to begin within five (5) days of the hearing and/or fails to continue without unnecessary delay to abate or remove the nuisance, the health inspector or designated representative shall cause the condition(s) which constitutes the nuisance to be removed.

(6)

Costs to property owner and property. If the health inspector or designated representative causes such condition to be removed or abated, the costs of such removal shall be certified to the city clerk who shall bill the property owner for the costs of such removal. If the property owner does not pay the costs within thirty (30) days, the city clerk shall cause the certified costs to be included in a special tax bill or added to the annual real estate tax bill for the property, at the collecting official's option. The certified costs 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 costs are not paid, the tax bill shall be considered delinquent and the collection of delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of issuance shall be deemed a personal debt against the owner and shall also be lien on the property until paid.

(7)

One time notice to property owner per season or calendar year. Under this ordinance and remedy, the property owner will not be given further notice of a continued and repetitive nuisance on this property prior to removal or abatement by the city.

(e)

Remedy No. 3 under RSMo 77.590.

(1)

Public nuisance declared on property that has a documented weeds or debris problem for two consecutive years or the weeds and debris are so pervasive on the property, causing an attractive nuisance or would risk injury to city staff to attempt clean up shall be turned over to the city prosecutor as a violation of the public nuisance laws.

(2)

Referral to city administrator. The health inspector or designated representative shall provide the history of public nuisances or the photographs demonstrating the pervasive nature of the public nuisance condition(s) or attractive nuisance condition(s) to the city administrator.

(3)

Referral to the city prosecutor. If the city administrator or designee believes the conditions on the property warrant a direct referral the city prosecutor, a referral with all information will be sent.

(4)

Notice and abatement while awaiting prosecutorial evaluation. During the pendency of evaluation or actions by the city prosecutor, the city administrator or designee shall coordinate notice and abatement actions under Remedy No. 1 or Remedy No. 2 above as appropriate.

(5)

Notice by city prosecutor. The city prosecutor shall provide proper notice to the property owner of any offenses and charges filed in municipal court with the failure to abate a nuisance.

(Ord. No. 3800, § 1, 7-2-01; Ord. No. 4344, § 1, 4-15-14; Ord. No. 4362, § 1(Exh. A), 2-17-15; Ord. No. 4366, § 1(Exh. A), 3-2-15)