Fulton Declaration of nuisance; procedure ordinance (§ 46-35)

(a) Issuance of order of abatement. After an inspection performed by a building inspector in accordance with this chapter, the inspector shall issue a written notice and order if the inspector determines the land, lot, or buildings to contain any public nuisance.

(1) Contents of notice. The notice shall contain the following:

a. A description of the building or structure at issue;

b. A description of the condition or conditions of the land, lot, or building that constitute a public nuisance;

c. An order that the owner and/or occupant abate or commence removal of, at their own risk and cost, the nuisance identified by the notice;

d. A reasonable time, not less than ten days, to abate or commence removal of each condition identified in the notice;

e. A statement that the failure to abate the nuisance could result in a citation and penalties, fees, or incarceration, or abatement by the city with the costs thereof to be assessed against the owner and/or the property as set forth in this chapter; and

f. The right of the owner to request a hearing in accordance with this chapter.

(2) Service of notice. The notice shall be given either by personal service or by first-class mail to both the occupant of the property at the property address and to the owner at the last known address of the owner, if not the same. Additionally, the notice may be posted upon the premises at issue.

(b) Compliance with nuisance notice; report of non-compliance.

(1) Compliance. If a notice is issued, then the owner must abate or commence removal of each condition identified in the notice in accordance with the terms of the notice.

(2) Non-compliance. Upon receipt of a report from the building inspector indicating a failure by the owner to comply with the notice, the building commissioner shall cause the nuisance to be abated in accordance with section 46-36.

(c) Request for hearing.

(1) Right to request. Any owner or person receiving the notice of nuisance who does not agree with the determination of a nuisance and who wishes to challenge the notice and order of abatement may request a hearing in accordance with this section.

(2) Form of request. The request must be made in writing and received by the building commissioner within seven days of the date of the notice. The request must state the name of the person requesting the notice, their mailing address, their phone number, a statement that they request a hearing on the determination of a nuisance, and location of the nuisance. The building commissioner may promulgate a form by which a hearing may be requested. If no such request is received within the period stated herein, the notice and any order to abate shall be come final and not subject to challenge.

(3) Hearing procedure. Once a request for hearing is received, the hearing shall be conducted in accordance with the "contested case" provisions established in RSMo ch. 536. At the conclusion of the hearing, if there is competent and substantial evidence presented at the hearing which shows a nuisance to exist, then the building commissioner may issue an order to abate the nuisance or a citation to the owner or occupant as provided in section 46-36 or, if it does not, no order of abatement shall issue.