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HomeMy WebLinkAbout2002-054 - Addition of Chapter 227 to the Municipal CodeBILL NO. 2002-~' ORDINANCE NO. 2002-~ AN ORDINANCE AMENDING THE RIVERSIDE CITY CODE BY ADDING CHAPTER 227 REGARDING CODE ENFORCEMENT WHEREAS, the City of Riverside, Missouri is charged with protecting the public health, safety and welfare, and desires to do so fairly and responsibly. WHEREAS, the City desires ro implement mechanisms intended to attract commercial investment and business. WHEREAS, the City desires Yo implement mechanisms which will encourage maintenance of property in an orderly and effective nature, and which will allow the community to maintain an atpactive appearance and which will foster increased property values. WHEREAS, the City desires to remain tree of nuisances, noxious and dangerous items, and other circumstances which threaten the public health, safety and welfare. WHEREAS, the City has provisions in the Code which describe and proscribe certain items, circumstances and events, including general nuisances, litter and dangerous vehicles and violations of the Property Maintenance Regulations of Che City of Riverside.. WHEREAS, the City desires and intends to fashion and adopt a comprehensive method and procedure for enforcing its code provisions related to prevention and abatement of undesired and unsafe items, circumstances and events. WHEREAS, the City desires to carry out this intention by adding comprehensive code enforcement provisions to the City Code, and further by amending the current City Code ro ensure uniformity and consistency throughout the Code. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The Municipal Code of the City of Riverside, Title II. Public Health, Safety and Welfare, is hereby amended by the addition oP Chapter 227: Code Enforcement, which shall read as follows: CHAPTER 227: CODE ENFORCEMENT ARTICLE I. GENERALLY SECTION 227.010: PURPOSE This Chapter provides the regulations and procedures for enforcement of this Code as related ro Chapter 215: Nuisances, Section 215.060: Damaged and Disabled Vehicles, and Chapter 225, Article II: Litter, and Chapter 490: Property Maintenance. SECTION 227.020: DEFINITIONS For purposes of this Chapter, the following terms shall have the following meanings JUNK: Any metal, glass, paper, rags, wood, machinery, parts, cloth, or other waste or discarded material of any nature or substance whatsoever, or scrap or salvage materials. NAMED PERSON: that person or persons specifically identified in any notice generated and served pwsuant to Section 227.050, including, but not limited to, the owner, tenant, lessee or occupant, or his agent, employer or manager or other person having charge of, doing business in or occupying any house or building of any kind, or any vacant lot, yard or piece of ground. NOTICE: any writing served upon any person which is generated pursuant to and complies with Section 227.050, Section 227.060(B) or Section 227.070(A). ORDER: any written determination issued by The Board of Aldermen or the Codes Enforcement Officer pursuant to Section 227.060(C) or Section 227.070(B). OTHER INTERESTED PERSONS: any person not named in a notice who possesses an interest in the property which is the subject of an investigation, hearing and/or order pursuant to this Chapter, including, but not limited to, the owner, tenant, lessee or occupant, or his agent, employer or manager or other person having charge of, doing business in or occupying any house or building of any kind, or any vacant lot, yard or piece oP ground, and those with a fee, tenancy, lease, license or reversion interest. DAMAGED OR D/SABLED VEHICLE: any vehicle which is not registered or is improperly registered with the State of Missouri; has been inoperable on public property for more than forty-eight (48) hours or is in such a state of disrepair as to be inoperable, except those on the premises of a duly licensed automobile repair or sales business; or in a duly licensed automobile junking yard. VIOLATION: any item, article, object, event, occurrence, situation or circumstance which constitutes a violation of the following Code provisions: 1. Section 215.030, Nuisances Prohibited 2. Section 215.050, Above Ground Motor Fuel Storage 3. Section 215.060, Damaged and Disabled Vehicles 4. Section 215.070, Hazardous Trees 5. Section 215.080, Stables, Sheds, Buildings, Etc. 6. Section 215.090, Malfunctioning Private Sewage Disposal Systems 7. Section 215.100, Interfering with any Gutter, Sewer or Natural Drainage 2 8. Section 215.110, Water Pollution 9. Section 215.120, Painting Signs on Property without Consent of the Property Owner 10. Section 215.130, Unnecessary Noise 11. Section 225.090-Section 225.170, Litter 12. Chapter 490, Property Maintenance ARTICLE II. COMPLAINTS AND NOTICES SECTION 227.030: COMPLAINTS, HOW MADE Any complaint regarding any violation made by any person, including police officers, shall be made to the Codes Enforcement Officer or his duly authorized and appointed representative. The Codes Enforcement Officer or his appointed representative shall then review the complaint and any evidence produced in support thereof, and, if necessary, shall institute an investigation regarding the same. Upon determining that there is a violation as defined in this Chapter, he shall begin proceedings against the person or persons creating or maintaining the violation as provided in this Chapter. SECTION 227.040: AUTHORIZED CITY OFFICIALS MAY ENTER PREMISES The Codes Enforcement Officer, Che City Attorney, or duly authorized representatives of either, are hereby authorized to enter upon private property, dw~ing the daytime, for inspection of any circumstance where it is reasonably believed that a violation may exist, provided, however, that such entrance may only be made if: 1. Such authorized city official first obtains the consent of the owner or occupant of the premises in question; or 2. If such authorized city official is refused access or entry to private property by any person, such official must obtain an administrative search warrant fi•om the appropriate judge before entering the premises. SF,CTION 227.050: NOTICE OF VIOLATION A. Requirenaerlts. Upon determining that there is a violation, and before removing or abating the same, the Codes Enforcement Officer or his duly authorized representative shall notify in writing the owner, tenant, lessee or occupant, or his agent, employer or manager or other person having charge of, doing business in, or occupying any house or building of any kind, or any vacant lot, yard or piece of ground, of the violation. In the event that the violation exists in a public street or alley, die Codes Enforcement Officer or his duly authorised representative shall notify the person responsible for the existence and condition of the violation. Such notice shall include the following information: 3 A description of the property or item sufficient for identification; 2. The facts, circumstances or events constituting the violation; 3. That "the circumstances described may be deemed to be a violation of the Riverside City Code" and a direct citation of the specific code provision which is being violated; 4. That in order to avoid further action, an order by the City and/or potential fines and/or penalties, the responsible person should remove, abate or discontinue the violation within fourteen (14) days of receipt of the notice; 5. The right to a hearing before the Board of Aldermen regarding the violation, and that such hearing must be requested in a writing to the Codes Enforcement Officer within seven (7) days of receipt of the notice; and 6. A description of the possible fines and/or imprisonment which may result from failure to remove, abate or discontinue the violation as ordered by the Codes Enforcement Officer. B. Service. The notice shall be served in the same manner as writs of summons are served in civil cases. If the named person cannot be found in the City, then the Codes Enforcement Officer shall cause such notice to be mailed by certified or registered mail, return receipt requested, to the named person's last known address. In addition to such mailing, and in the event that no address is known for the named person, then the notice shall be posted conspicuously upon the premises. ARTICLE III. HEARINGS AND PROCEEDINGS SECTION 227.060: HEARING REQUESTED BY OWNER A. Request for Hearing. The named person or any other interested persons, upon service of a notice issued pursuant to Section 227.050, shall be given the opportunity to appear before the Board of Aldermen to be allowed a hearing on the existence of the violation specifically described in the notice. The named person shall notify the Codes Enforcement Officer of his/her desire to appear before the Board of Aldermen within seven (7) days of receipt of the notice, and the Codes Enforcement Officer shall promptly notify the City Clerk of such request for a hearing. The City Clerk shall than schedule the hearing before the Board of Aldermen at the next immediately available meeting of the Board of Aldermen, provided that such date allows compliance with the notice requirement described in Section 227.060(B). Should any hearing be requested under this Section 227.060, the Codes Enforcement Officer shall not proceed to abate, remove or discontinue the violation, or order the same, until after the hearing is held. Any other interested persons may request a hearing, through the named 4 person, even if they are not specifically identified in the notice. Only one hearing shall be had for each violation identified in any notice and all named persons and other interested persons must therefore make known to the named person(s) their desire to be heard at the hearing. B. Hearing Procedure. Any hearing under this Section 227.060 shall be held no less than ten (10) days after written notice thereof has been given to the named person or other interested persons. Notice given under this Section must include the time and place of the hearing, and may he served by personal service, mailing or posting of such notice upon the property where the violation is alleged to exist. The Mayor shall preside at the requested hearing before the Board of Aldermen and shall provide Che Codes Enforcement Officer the opportunity to present evidence or facts supporting his determination that a violation exists. The named person or any other interested persons shall be provided the opportunity to present evidence or facts which tend to support the position that a violation does not exist, or any other position which the named person or any other interested person desires to assume. After each party has had equal opportunity to present evidence and be heard, the Board of Aldermen shall take the matter under advisement. The Board of Aldermen shall make a determination as to whether a violation does in face exist within thirty (30) days of the hearing. C. Disposition. After taking the matter under advisement, the Board of Aldermen shall issue its determination in writing and serve such determination upon the named person or any other interested persons. Should the Board of Aldermen determine that a violation does not exist, it shall memorialize such determination in writing and further instruct the Codes Enforcement Officer to discontinue all enforcement actions and proceedings against the named person or any other interested persons. Should the Board of Aldermen determine that there is a violation, it shall declare in writing that the violation is a nuisance and shall order the same abated, removed or discontinued within seven (7) days of the issuance of such order. Such order shall be served upon the named person and any other interested persons within forty-eight (48) hours of the issuance of the order. D. Failure to Comply with Order. If the Board of Aldermen's order issued under 227.060(C) is not complied with, the Board of Aldermen shall instruct the Codes Enforcement Officer or his authorized agent to proceed to abate and remove the nuisance pursuant to Section 227.090. E. Appeal. Nothing in this Chapter shall be construed to prevent or preclude the named person or any other interested persons from exercising all rights of appeal in a timely fashion to any appropriate court as may be allowed or provided by any state statute or court rule. SECTION 227.070: FAILURE TO ABATE, REMOVE OR DISCONTINUE A. Hearing where no Abatement or Request ,for a Hearing. Should neither the named person nor any other interested persons request a hearing pursuant to 5 Section 227.060, and should the same persons also fail to abate, remove or discontinue the violation specified in Che notice within fourteen (14) days of receipt of notice, Che Codes Enforcement Officer shall hold a hearing for the named person and any other interested persons regarding the violation. Any hearing under this Section shall be held no less then ten (IO) days after the Codes Enforcement Officer has given written notice of such hearing to Che person named in the original notice given under Section 227.050. Notice given under this Section 227.070(A) must include the time and place of the hearing, and may be served by personal service, mailing or posting of such notice upon the property where the violation is alleged to exist. B. Hearing Procedure; Order. At the hearing held pursuant to this Section 227.070, the Codes Enforcement Officer shall present evidence supporting the position that the subject violation has not been abated, removed or discontinued. The named person or other interested persons may present any evidence they so choose. If the violation has not be abated, removed or discontinued, Chen the Codes Enforcement Officer, in his sole discretion and having taken into account the evidence presented by the named person or other interested persons, if any, may declare the violation to be a nuisance and order the same abated, removed or discontinued within seven (7) days of the issuance of such order. If no person appears on behalf of the named person or other interested persons, the Codes Enforcement Officer may in his sole discretion declare the violation to be a nuisance and order the same abated, removed or discontimied within seven (7) days of the issuance of such order. C. Failaare to Comply with Order. If the Codes Enforcement Officer's order issued under 227.070(B) is not complied with, the Codes EnforcemenC Officer or his authorized agent may proceed to abate and remove the nuisance pursuant to Section 227.090. SECTION 227.080: RIGHT TO REVIEW Any named person may seek a review of the decision and order of the Codes Enforcement Officer made pursuant to Section 227.070(B) before the Board of Aldermen. Request for review of the order must be filed with the City Clerk within five (5) days of the date of the order. ARTICLE IV. ABATEMENT BY CITY AND PENALTIF,S SECTION 227.090: ABATEMENT BY CITY A. For All Violations except wader Section 215.060. The Codes Enforcement Officer shall keep an accurate record of the cost of abating, discontinuing or removing any violation undertaken pursuant to Section 227.070(C). The Codes Enforcement Officer, in concert with the City Treasurer, shall report and certify the cost thereof to the Board of Aldermen. The Board of Aldermen shall then proceed to levy and assess the certified costs as a special tax against each lot or 6 parcel of land from which the violation is abated, discontinued or removed and shall direct the City Clerk to issue a special tax bill therefor against such tract or parcel of real estate, to be collected by the City Collector or any duly authorized deputy. Such special tax bill shall be a special lien against such property in the same manner and with the same effect as special tax bills are for paving and shall be payable within thirty (30) days after the date thereof, and if not so paid, shall bear interest at the rate of eight percent (8%) per annum until paid. ll shall he the duty of the City Clerk to keep all records as certified to him/her by the Codes Enforcement Officer, to prepare all books and accounts showing in detail the expenditures of the abatement, removal or discontinuance of any violation which may be properly assessed against each lot or parcel of land. The assessment of any special tax bill issued pursuant to this Section or the filing of any suit to collect such special tax bill shall not render any person immune from prosecution for creating or maintaining a nuisance. B. For Violation of Section 215.060. Disposition. If not removed as ordered pursuant to Section 227.070(B), the damaged or disabled vehicle or junk constituting the violation shall be transported to a storage area by or at the direction of the Codes Enforcement Officer or his/her duly authorized representative at the expense of the owner or person in custody thereof. it shall then be stored for a period of at least ninety (90) days, and the person entitled to possession thereof may redeem the property by payment to the City of the actual cost of its removal and a reasonable storage fee. If the damaged or disabled vehicle or junk is unredeemed after the expiration of the ninety (90) day period, the Codes Enforcement Officer may sell it to the highest bidder, or if it has no sale value, may otherwise dispose of it. Any money received from disposal of any damaged or disabled vehicle or junk shall be applied to the expenses charged ro the owner or person in charge thereof. 2. Notice of Sale. Prior to the sale of any such property, the Codes Enforcement Officer shall cause to be posted in City Hall, the place of storage and al least one (1) other public place in the City, a notice of sale slating: (a) That the City is selling abandoned property; (b) The color, make, year, motor number and serial number, if available, and any other information necessary for an accurate identification of the property; (c) The terms of the sale; and (d) The date, time and place of the sale. This notice shall be published not less than ten (10) or more than thirty (30) days prior to the date of the sale. 7 SECTION 227.100: FINES AND PENALTIES A. Violation. Any person who violates any Section of this Chapter shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) or by imprisonment in the appropriate jail for a term not exceeding ninety (90) days, or by both fine and imprisonment. Each day a violation of this Chapter continues shall be deemed a separate violation for purposes of this Section. B. Fnilnre to Comply with Order. Any person, after having been served with an order to remove or abate a violation pursuant Section 227.060(C) or Section 227.070(B), who fails to comply with the order to abate and remove the subject violation within seven (7) days of the service of notice to do so shall be subject to a civil penalty of two hundred fifty dollars ($250.00). Section 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance, or the application thereof to any circumstances, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. Section 3. This Ordinance shall take effect immediately. i Passed this ~~day of ~~ , 2002. Betty Bur ,Mayor ATTEST: ~~ • ~- / . CITY CLERK 8