Chapter 12A LAND PRESERVATION
Section 12A-202 Abatement procedures.
(a) 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
(2) A statement of the acts necessary to abate the alleged nuisance;
(3) An order establishing the time for beginning and completing abatement of
nuisance and requiring that abatement activities continue without unreasonable delay;
(4) Information on the right to a hearing and the 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.
(b) 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
(2) If the enforcement official is unable to obtain service by either of the
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.
(c) 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.
(d) 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.
(e) 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.
(f) 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. 18297, § 1, 11-1-04)
(Ord. 18297, Added, 11/01/2004)