Section 11-240 Administrative procedure.

    (a) Applicability.  The provisions of this division, other than the provision for emergency abatement, shall apply only to violations of this article that do not have specific abatement procedures.

    (b) Abatement notice.  When an enforcement official determines that a nuisance exists in violation of this article, the enforcement official may initiate a nuisance abatement procedure by serving an abatement notice on the owner of the property upon which the nuisance is believed to exist.  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 the time for beginning and completing abatement of the alleged nuisance and requiring that abatement activities continue without unreasonable delay,

    (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 and assess the costs against the property  owner and the property.

    (c) Service of abatement notice.  

(1)     The enforcement official shall serve the abatement notice on the property owner by first class mail or by personal service in the same manner as legal process is served under any Missouri statute or court rule.  Mailed notice shall be presumed received three (3) days after it is mailed.

    (2)     If the enforcement official is unable to obtain service 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 and by posting the abatement notice on the property where the alleged nuisance exists.  Notice shall be considered given on the date the notice is published or the notice is posted, whichever is later.

    (d) Request for hearing.  The owner of 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 director within seven (7) days of service of the abatement notice. The request for hearing must be either hand-delivered to the office of the director or sent to the director 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.

    (e) Notice of hearing.  At least ten (10) days written notice of the hearing shall be given to the property owner except in cases where the public health, safety or interest shall make a shorter time reasonable.  Notice shall be hand-delivered to the property owner or mailed to the address provided by the property owner in the request for hearing. Notice shall be presumed received three (3) days after it is mailed.

    (f) Hearing and decision.  The hearing officer shall conduct the hearing and enter a decision in accordance with the requirements of chapter 536, RSMo.  If the hearing officer determines that a nuisance exists as charged in the abatement notice, the hearing officer may enter an order of abatement directing that the nuisance be abated under such conditions and within such time as the hearing officer deems appropriate under the circumstances.

    (g) Appeal.  An appeal from the decision of the hearing officer may be made to the circuit court of Boone County in accordance with chapter 536, RSMo.

(Ord. No. 16982, § 2, 8-6 -01)

(16982, Amended, 09/01/2001)