§ 13-31. Abatement procedure.

(a)

Abatement notice. When the enforcement official determines that a nuisance exists in violation of this section, the enforcement official may initiate a nuisance abatement procedure by serving an abatement notice on the owner of the vehicle, if determinable, and on the occupant of the property upon which the nuisance is believed to exist. An abatement notice must be served on the owner of the property upon which the nuisance is believed to exist if an occupant of the property cannot be determined or abatement costs are to be assessed against the property. The abatement notice shall contain the following:

(1)

A description of the location and nature of the alleged nuisance;

(2)

A statement of the acts necessary to abate the alleged nuisance;

(3)

An order establishing a deadline for abating the alleged nuisance which shall be at least 30 days after the abatement order is served;

(4)

Information on the right and manner of requesting a hearing to contest the enforcement official's abatement notice; and

(5)

A statement that if the nuisance is not abated as ordered and if no request for hearing is made within the prescribed time, the city may abate the alleged nuisance by removing the vehicle and assess the costs against the owner of the vehicle, against the owner or occupant of the property and against the property.

(b)

Service of abatement notice.

(1)

The enforcement official shall serve the abatement notice on the property owner and vehicle owner by certified, return receipt requested, mail or by personal service.

(2)

If authorized by consent or judicial order to enter the private property for the purposing of posting the abatement notice, the enforcement officer shall also serve the abatement notice on the owner of the vehicle and on the occupant of the property by posting the abatement notice in a prominent location on the vehicle or on some conspicuous place on the property where the vehicle is located.

(3)

If the enforcement official is unable to obtain service on the property owner or vehicle owner by either of the above methods, service may be obtained by publishing the abatement notice once in a newspaper of general circulation in the city. Notice shall be considered given on the date the notice is published.

(c)

Request for hearing. The owner of the vehicle or the owner or occupant of the property on which the nuisance is alleged to exist may contest the abatement notice by requesting a hearing. The request for hearing must be made in writing and received by the city administrator within seven days of service of the abatement notice. The request for hearing must be either hand-delivered to the office of the city administrator or sent by United States mail, facsimile machine or electronic mail. The request for hearing must state an address to which a notice of hearing may be sent.

(d)

Notice of hearing. At least ten days written notice of the hearing shall be given to the person requesting the hearing except in cases where the public health, safety or interest shall make a shorter time reasonable. Notice shall be hand-delivered or mailed to the address provided in the request for hearing. Notice shall be presumed received three days after it is mailed.

(e)

Hearing and decision. The city administrator shall serve as the hearing officer and shall conduct the hearing and enter a decision in accordance with the requirements of RSMo Ch. 536. If the hearing officer determines that nuisance exists as charged in the abatement notice, the hearing officer may enter an order of abatement directing that the vehicle be removed or the nuisance be otherwise abated under such conditions and within such time as the hearing officer deems appropriate under the circumstances.

(f)

Appeal. An appeal from the decision of the hearing officer may be made to the circuit court of Cooper County in accordance with RSMo Ch. 536.

(Ord. No. 4142, § 1, 2-2-09)