Hallsville Hearing and Appeal ordinance (§ 215.060)

A. Procedure. The owners, lienholder and occupants of the property who have been served with a notice pursuant to Section 215.050, and who do not submit sufficient proof of the commencement of such abatement actions to the Inspector not later than three (3) working days before the date scheduled for the hearing, may appear in person or by representative at a hearing with the Inspector scheduled on a date not sooner than thirty (30) days after the date of the notice letter.

B. Hearing. The Inspector shall conduct a full and adequate hearing upon the question of whether a public nuisance in fact exists. The Inspector may amend or modify the notice, or extend the time for compliance with the notice by the owner by such date as the Inspector may determine.

C. Evidence. The owners, lienholder and occupants of the property, or their representative or agents, of the subject property shall be given the opportunity to present evidence to the Inspector in the course of the hearing.

D. Order. Should the evidence support a finding that the building, structure or condition constitutes a public nuisance, the Inspector shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the building, structure or condition to be a public nuisance and ordering the building, structure or condition demolished, removed, repaired or otherwise abated by the City.

E. Additional Time. The Inspector, upon written application by the owner at any time within the period after the notice has been served, may grant additional time for the owner to effect the abatement of the public nuisance, provided that such extension is limited to a specific time period.

F. Costs To Be Certified. The costs of performance of the abatement order shall be certified to the City Clerk, who shall cause a special tax bill or assessment therefor against the property to be prepared and collected by the City Collector. If the building or structure is demolished, secured or repaired by a contractor pursuant to the order issued by the Inspector, such contractor may file a mechanic's lien against the property where the dangerous building is located. The contractor may enforce this lien as provided by Missouri State Law. Except as otherwise provided in this Chapter, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from date of its issuance shall be deemed a personal debt against property owners and shall also be a lien on the property until paid.

G. Appeal Procedures. The Board of Aldermen shall be vested with appeal authority. Orders of abatement by the Inspector may be appealed to the Board of Aldermen. Appeals must be filed with the City Clerk not later than ten (10) days after the issuance of the order described in Subsection (D) of this Section.

H. Board Of Aldermen May Waive Costs. In those instances where the nuisance has been abated by the City, the Board of Aldermen shall have discretion to waive the cost of abating a nuisance, in whole or in part, if, in the course of the hearing reviewing the decision, the Board of Aldermen finds that any of the following did not conform to the provisions of this Chapter:

1. The notice to remove the nuisance;

2. The work performed in abating the nuisance; or

3. The computation of charges.

I. Finality Of Judgment. If the judgment of the Board of Aldermen is not appealed to the Circuit Court within thirty (30) days from the date of delivery or mailing of notice, the judgment will be declared final per Missouri Revised Statutes Chapter 536.