Chapter 12A LAND PRESERVATION
Section 12A-205 Emergency abatement.
(a) The director may abate any nuisance without following
the abatement procedures of this
article if the nuisance presents an immediate threat to the health, safety or welfare of any
inhabitant of the city.
(b) The director may assess the cost, including administrative
costs, of abating a nuisance
under this section against the property on which the nuisance was located. Before assessing
costs, the director shall serve a bill of costs on the property owner. The bill of costs shall
describe the nuisance that was abated, state the cost of abatement and inform the owner of the
right and manner of requesting a hearing.
(c) The bill of costs shall be served 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. If service is not able to
be obtained by either of the above methods, service may be obtained by publishing notice of the
bill of costs in a newspaper of general circulation in the city.
(d) The property owner may contest the assessment of
costs 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 bill of costs or publication of notice of the bill of costs. 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. 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 the abatement was justified under subsection (a), the hearing officer shall certify the cost of
abatement to the city clerk for collection pursuant to the provisions of Sec. 12A-204.
(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. 18297, § 1, 11-1-04)
(Ord. 18297, Added, 11/01/2004)